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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7084
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I just bought a used truck 3 wks ago it has broke down 4

Customer Question

I just bought a used truck 3 wks ago it has broke down 4 times for the same thing the 4 th time they would not take my calls can I get my down payment back
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 2 months ago.

I am sorry to hear that- that is a lot of break downs in such a short time;

can you tell me if the truck was sold as is? Was it purchased by a dealer?

Customer: replied 2 months ago.
Implied warranty from a dealership
Customer: replied 2 months ago.
They have had it more then me and now won't take my calls the whole truck shuts down right in the middle of the road 4 times scared to drive
Expert:  LegalGems replied 2 months ago.

Thank you;

The car may be covered under the lemon law if it meets these requiremetns:

  • was purchased, leased or transferred after the earlier of 18,000 miles or two years from original delivery; AND
  • was purchased or leased from a New York dealer; AND
  • had a purchase price or lease value of at least $1,500; AND
  • has been driven less than 100,000 miles at the time of purchase/lease; AND
  • is used primarily for personal purposes.

If it does not, then one can still sue for breach of the implied warranty of merchantability ( U.C.C. §§ 2-314, 2-318 ). This warranty ensures that a car may be used for its intended purpose (ie transportation) so if the car breaks down continuously (and dangerously) that would be a violation of the implied warranty.

One would need to bring a breach of implied warranty of merchantability action to recover damages, which will either include the cost of repair, or if repair is not practical (and failed past attempts would indicate this) then rescission of the contract -ie the car is returned, and money paid is returned; the court will often allow rental car expenses as those are typically a foreseeable and proximately caused damage resulting from the breach.

Information on small claims here:

That is for cases under $5000

Otherwise general civil court would be the proper venue.

sample complaint letter here:

Also a complaint can be filed here:

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 2 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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