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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 115464
Experience:  Attorney experienced in commercial litigation.
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I have a loan on a defective product with JD Byryder, they

Customer Question

I have a loan on a defective product with JD Byryder, they claim they did an inspection on the vehicle but my engine is going bad and my transmission. they took the vehicle for three days and was suppose to had replaced my engine, gave me back the car and told me that the new engine they put in is doing the same thing as the old one. Any who I called them back because the computer light keeps coming on with the engine light asa well. I can not afford to get pay for a rental and my car, I have no other means of transportation. I am wanting out of loan, because I know there is no way an inspection was done on this vehicle with having a bad engine and computer in the car.
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 7 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.
When you buy a used vehicle, the sale is as is unless you get a written warranty on the vehicle. Absent a written warranty, if you have evidence that they knew or should have known of the defect, then this is a breach of the implied common law warranty of merchantability and if the seller will not fix it or replace it, then your recourse is you must file suit in court for breach of the warranty of merchantability as well as the implied warranty of good faith and show they knew and misrepresented the quality of their vehicle and knew or should have known it was not fit for its intended purpose and you need to go after the seller to pay the loan off and cancel the sale. You can use a local consumer protection attorney and if the evidence shows intentional misrepresentation, then there is a potential to recover attorney's fees as well for unfair and deceptive business practices.
Before you sue, you can call the seller and tell them if they do not cancel the sale and refund the money, you will file a complaint with the Attorney General and the DMV Dealer Licensing unit for investigation into them selling vehicles that have known safety defects. If they refuse, then file your complaint with both agencies and if they cannot resolve the issue for you, then you would proceed to court against the seller as I said above.
Customer: replied 7 months ago.
When I was signing the contract I informed the person going through the paperwork with me that the car was making strange sounds, she called the salesman in the room and he totally ignored what I said about the car. I had it serviced one time and they gave the car back to me in the same condition.
Customer: replied 7 months ago.
Totally not satisfying, how do I get my money back
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
As I said, you sound like you do have a case for breach of the warranty of merchantability and implied warranty of good faith as well, so if you take the steps outlined above you should end up being able to get your satisfaction in this situation and prevail.
I have no idea what more information you wanted because you have not told me and all I had to respond to was your limited information you provided. If you want more information, you have to ask and not just complain you are not satisfied because I have no clue what more information you want unless YOU TELL ME!