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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110445
Experience:  Attorney experienced in commercial litigation.
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I bought a used 2011 BMW 528i car from a reputable dealer

Customer Question

I bought a used 2011 BMW 528i car from a reputable dealer "Smythe European in San Jose Ca in April 2014 for $48,555.84 (Financed up to 5/10/2020). Me and my wife were unsuspecting and are not that experienced buyers on used cars. We didn't check the record of the used car except that we got so excited for owning a Bimmer car. Last 2 weeks ago, when we visited a BMW car dealer in San Jose, we were planning to trade this car for a newer one. Found out after they run the reports on the car through carfax, it was a total loss car and we were shock to know about it. Had I known this during the sale, we could have not bought this car. We felt cheated and defrauded by this dealer. Can we get our money back and pay-off the balance of the financing? Please help...
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 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.
Under the law, a used car purchase is typically as is, meaning the risk of hidden defect is on the buyer. However, in all as is sales there are common law implied warranties.
First, the implied warranty of merchantability says that if you prove the seller knew or should have known that the vehicle was not fit for its stated purpose, then they are liable and you can sue under this warranty to rescind the sale.
Second, the implied warranty of good faith, which says again if you prove the seller knew or should have known there was a defect and did not disclose or misrepresented the defect, they are liable to you for damages.
So you would need to sue the dealer for the unfair and deceptive business practice and for breach of the implied warranty of merchantability and implied warranty of good faith and seek damages form them for selling you a known defective vehicle with a marked or branded title.

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