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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110470
Experience:  Attorney experienced in commercial litigation.
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I purchased a vehicle from Illinois and had it shipped

Customer Question

I purchased a vehicle from Illinois and had it shipped to California, I tried to get smog check and also ABS light was on, the technician at Midas reported that the vehicle is a hazard and cannot be permitted to drive. So I have vehicle that is considered not safe to drive and I am out of 2000 + 268 partial registration and 875 shipping. What is my option?
Submitted: 5 months ago.
Category: Consumer Protection Law
Customer: replied 5 months ago.
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Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The purchase of a used vehicle in IL is considered an "as is" purchase unless you received a written warranty from the seller. In an as is purchase, the BUYER and not the seller assumes the risk of any hidden defects. However, if you can prove that the seller knew of the defect and failed to disclose it at the time of sale, there are some common law warranties that apply. The main one is the common law implied warranty of merchantability, which says where a seller knew or should have known at the time of sale the vehicle was not fit for its suited purpose and failed to disclose they are liable to pay for repairs or refund your money. The other implied warranty is the implied warranty of good faith, which again says that if they failed to disclose a defect they knew existed at the time of sale, they are liable to you to refund your money or pay for repairs.
So, it comes down to you proving they knew the car was unsafe and if you can show they knew that, then you can sue them in IL for your money back. Proof would be expert witness statements that any reasonable person would have known of this defect or if you get maintenance records proving repairs prior to sale or attempts at repair showing this defect, that would be evidence.

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