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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32350
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Feb 24, 2016 I Was sold a used (pre-leased) 2013 Acura RDX

Customer Question

Feb 24, 2016 I Was sold a used (pre-leased) 2013 Acura RDX from a local Subaru dealership.... Turns out my car is one of the many under the "Takata airbag" recall. How can they sell me a car signing paperwork saying my vehicle is safe to be driven which it's mostly certainly not. This recall can and has had fatal incidents, corrective equipment not available until summer 2016, however I live in New York so we are not the first priority area to receive recall replacement parts. I have no other means of transport and think it's completely unfair that my choices are possibly to not drive my car that I had just bought or drive it like I hate risking my life on a chance the airbag could prematurely deploy and send out small pieces of metal that potentially act like bullets (being the force of the deploy is very high which is what increase the seriousness of this recall) as of now my vehicle is not up to get recall corrected.... Everyday my anxiety (which I never had before) in continually increasing ... I think would be fair for the to buy back my car or figure something out with Acura to ensure I can trade my recall in for a Acura vehicle not included in this horrific recall.
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 5 months ago.
What are my rights in this case?
Expert:  Dwayne B. replied 5 months ago.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what are my rights" or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Are you wanting to know if you can sue over this?

Customer: replied 5 months ago.
Can I make them buy back my unsafe car or have Acura trade in my vehicle for a non effected car
Customer: replied 5 months ago.
I rather just have vehicle I feel safe in and worth the large payments I pay each month for it but if I have a case to sue them I would like to hear about, what they did Wass so disheartening .....
Expert:  Dwayne B. replied 5 months ago.

Not exactly.

The law doesn't provide for you being able to make them do those things.

What you can do is to file a lawsuit against them asking the court to "rescind the contract" based on breach of contract, breach of warranty, and a type of fraudulent inducement or constructive fraud

Essentially what you are saying is that by them not revealing this vehicle has defective parts that are apart of a massive recall then thy "hid" that from you. You will have to say that if you had known it had those airbags that you wouldn't have purchased the car, which of course you wouldn't have.

What you may want to do is hire a lawyer to write them a demand letter explaining how the lawsuit will work and what kind of damages you are going to ask for. You will need to consider hiring them for the case but there is a slight chance that they will settle when they get the letter from the lawyer because, in my mind, this is an open and shut case once you get to a judge or jury. It would have been better if you had specifically asked the mif this vehicle was subject to any recalls and they would have lied about it but, realistically, none of us ever ask those questions.

If you do hire a lawyer you can sue for the attorney's fees as well.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.