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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2877
Experience:  30 years of experience
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I purchased a used vehicle that was a certified, the day

Customer Question

I purchased a used vehicle that was a certified, the day after purchase i found that the transmission was bad. I purchased an extended warranty, but the dealship refuse to fix it what can i do.?
JA: What confuses you?
Customer: I see fraud-by- deception
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: Georgia
JA: Have you contacted the manufacturer?
Customer: yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I live in Al.
Submitted: 1 month ago.
Category: Consumer Protection Law
Expert:  Gerald-Esquire replied 1 month ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 1 month ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

There are several steps that you can take to get the car repaired or returned for a refund. here is why you have certaim protections:

Used cars that are sold by a dealer may still include a Warranty of Merchantibility unless the car is sold "As Is." Since the car was sold as "Certified" (implying that the car is road worthy) and because you were sold an extended warranty, you have certain rights under the federal Magnuson Moss Warranty Act as well as state fair trade laws.

Here is what you can do:

1) You can file a complaint with the State Attorney General Office of Consumer Protection.

http://www.ago.state.al.us/Page-Consumer-Protection

2) You can file a complaint with the Federal Trade Commission for the violation of the federal warranty law:

https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc

3) You can file a complaint with the Better Business Bureau:

https://www.bbb.org/CSAL/

These first three do not cost you any money and often will help get you a resolution to your problem

4) You can bring a lawsuit against the Dealer for Fraud, Breach of Contract, Breach of Warranty.

Depending on the cost of the vehicle or the cost of the repair you can bring the suit in Small Claims Court. The Small Claims Court Limit in Alabama is $6,000.00 or less. If the amount that you sue for is more than that you need to hire an attorney and sue in Circuit Court. YOu do not need an Attorney in Small Claims Court.

Here are the Forms that you need to use to file your suit:

http://eforms.alacourt.gov/Small%20Claims/Forms/AllItems.aspx

Here is a guide on the process:

https://www.alabamalegalhelp.org/resource/small-claims-court

You can take any or all of the four steps above to try to get relief.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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