How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 36164
Experience:  Attorney,16 years experience in consumer protection areas
19958803
Type Your Consumer Protection Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My wife and I signed an agreement to purchase a new Ford

Customer Question

My wife and I signed an agreement to purchase a new Ford truck a few weeks ago. The vehicle was not immediately available but to ensure we would be able to obtain the vehicle options we wanted we signed the purchase agreement without seeing the vehicle. After three days of ownership we found the truck had a leak under the dash. Further investigation revealed significant rust build up on several metal parts under the dash indicating the leak had existed for a very long time. The vehicle was a new 2015 model which would indicate the leak occurred at manufacture and continued to the current date.
In Washington state do we have the right to contend the vehicle the dealer delivered was damaged and consequently did not provide the new vehicle we agreed to purchase?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Have you gotten anything from a mechanic in writing stating what they believe the cause of the leak is?

.

.

thanks

Barrister

Customer: replied 11 months ago.
Do we have other options?
Expert:  Barrister replied 11 months ago.

In Washington state do we have the right to contend the vehicle the dealer delivered was damaged and consequently did not provide the new vehicle we agreed to purchase?

.

Unfortunately no. You can contend it is defective, but not that is is not the specific vehicle you purchased. That is determined by the VIN number on the contract, so if you received the vehicle with the VIN number on the contract, then you did receive the new vehicle you contracted to purchase.

.

Now if it is defective, then the manufacturer has to cover it under any warranty and make repairs to it so that it functions properly and as intended.

.

But if you are asking this to see if you can get out of the contract or force them to give you a new vehicle, then I am afraid that they have no legal duty to do that, only repair your vehicle at their expense.

.

.

thanks

Barrister

Customer: replied 11 months ago.
No. In the past three weeks since signing the agreement we have had the vehicle in our posession for less than four days so we have not had opportunity to have an independant mechanic look at the vehicle. I expect the water intrusion in the cab for the past year has degraded the reliability of the electronics and interior materials but your response tells me I have no legal recourse against unseen damage
Customer: replied 11 months ago.
Since the rust does not currently effect function you are you also indicating we cannot force that the rusted parts be replaced?
Expert:  Barrister replied 11 months ago.

No, I think that you would be able to demand the parts be replaced simply because that is an indication that some type of moisture has come in contact with the parts and rust and water exposure never improve a part... If they repair any leak and then don't replace the parts, they might have been degraded by the rust and then will fail.

.

So I think you definitely have the right to demand that the leak be repaired and any affected parts be replaced. You didn't purchase a vehicle with rusted parts, so they should replace them under warranty.

.

.

thanks

Barrister