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Juliana
Juliana, Attorney
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Experience:  23 years of experience; former prosecutor, magistrate, child support attorney
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My daughter purchased a used vehicle 4 to 5 months ago. It

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My daughter purchased a used vehicle 4 to 5 months ago. It is a Buick Rendezvous 4-wheel drive. Since then, because the struts were curved inward, the tires wore out, and she had to purchase 4 new tires because the law says the dealer has to replace all 4 tires on a 4-wheel drive. In addition to that, she had to replace the struts to prevent the new tires from wearing out again. In addition to that, the heater core has failed and is emitting toxic fumes inside the vehicle, along with leaking on the floor matts, which they purchased new.

Does Hertz have any liability for these failures, even though it was a used vehicle? The fumes are making my daughter sick, and they are not wealthy people. The tires were nearly $500, the struts nearly $400, and now the heater core will cost around $500. That is close to $1,500 in the last week.
Submitted: 4 years ago.
Category: Legal
Expert:  Juliana replied 4 years ago.

Hello,

 

Thanks for your question.

 

Used vehicles are often covered by a limited warranty. If this is true in your daughter's situation, she will have to check the terms of the limited warranty to see what is covered. If the items you've mentioned are included in the limited warranty, if there is one, the dealer will have to pay for the repairs.

 

Sometimes used car dealers will make comments that create an express warranty, for instance, by making statements such as "this car is in great running condition," or "there's not a thing wrong with this car." If that's true in this situation, the dealer can be held liable for problems that appear within a reasonable amount of time after purchase.

 

If she purchased the vehicle as is, without a warranty of any type, the old saying "let the buyer beware" would apply. If the vehicle was sold in an as is condition, the dealer would not be responsible for paying for any of the repairs.

 

If the dealer can somehow be held responsible, either through a warranty or through verbal (or written) representations about the vehicle's condition, but he refuses to pay, your daughter can sue him in small claims court to try to recover her costs of repairing this vehicle.

 

Hope this helps. Good luck.

Juliana

 

 

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