How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask William B. Esq. Your Own Question

William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 2960
Experience:  Civil litigation attorney for individuals and businesses.
Type Your Legal Question Here...
William B. Esq. is online now
A new question is answered every 9 seconds

On 14 Sep 2013 I made a deal on a used GMC pickup with Freedom

Resolved Question:

On 14 Sep 2013 I made a deal on a used GMC pickup with Freedom Honda because the salesman(Jason Logan) and his boss (Johnny) both told me the truck had 8 new injectors installed between 1400 and 1800 miles from the current miles on the truck, even after I pointed out that the injectors looked as if they had factory markings on them. I was told several times by both the salesman and his boss that they had paperwork showing the work had been done and due to the fact that it was later in the day on a Saturday the paperwork was in the back and they could not get it that day. I agreed on a price due to the truck supposedly have had the injectors installed and I had them put in writing they would provide proof that the work was done. I went back to the dealer on Monday the 16th of Sep. 2013 and asked for the paperwork which they said they had not got yet and was told that they would get the paperwork and call me. In the mean time I contacted a shop and found in their records that in fact some, but not all the injectors were replaced by them many miles more that the 1400-1800 as stated by the dealer.I thought that maybe there was more paperwork from another source that I could not find so I waited for the dealer to contact me. After waiting for almost two weeks I went back to the dealer on the 27th of Sep 2013 and again asked for the paperwork at which time they told me they could not get the paperwork due to the fact that the injectors were not done as they said. I feel as though I was miss led by the salesman and his boss as they both stated that they had paperwork in the back when evidently they must have never had any paperwork but they were just trying to close the deal. I would not have paid what I did for the truck unless I was reassured and it was put in writing that the injectors had been replaced. New injectors for this truck would be between $4200.00 and $5000.00 depending on if it also needed new lines at the time. I bought this truck for a purpose, based on what they told me and I feel they need to stand by what they put in writing. I have contacted them several times and offered to try and resolve this and all they want to do is back out of our contract. I have spent my time and more money on the truck I purchased from them due to the fact that I thought they would abide by their word and contract.
Submitted: 9 months ago.
Category: Legal
Expert:  William B. Esq. replied 9 months ago.

William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I am sorry to hear that you were mislead in this matter. You are correct that this was a fraudulent misrepresentation.

William B. Esq. :

Your remedies here are (1) to void the contract - force them to take back their truck, return yours, and void any sales; or (2) sue them for damages, whatever money damages you lost on the sale, plus punitive damages for their wrongdoing (fraud is an intentional tort and you can receive punitive damages for it).

William B. Esq. :

As you are having trouble dealing resolving this matter to your satisfaction (your resolution appears practical) you may need a third party to help. I would suggest the Better Business Bureau as a mediator - they offer free or low cost mediation services to consumers who have been wronged by a merchant, and they may be able to assist you in this matter. Going to trial is an option, but it is time consuming and costly (I am not trying to dissuade you, but I do want to warn you of its costs so that you can approach it with full knowledge of the risks).

Customer:

I don't want my old truck back, that is why I traded it in. They are telling me now that the salesman did not have the authority to put in writing what he did. They are also saying that because they never signed their own document that it is not valid.

William B. Esq. :

I understand - I just wanted to identify all of your rights and remedies under a contract with "fraud in the inducement"

William B. Esq. :

Your contract rights to have the truck in the condition you bargained for ("the benefit of the bargain" contract rights) plus the damages for fraud may require you to file a lawsuit and go to trial. You do have these rights and you can threaten them in a "pre-litigation demand letter".

Customer:

Gotcha thanks. So do I have to take my truck back. They told me today that I have tell the close of business to take it back. Could i just call my bank and at least reverse the charge for the additional money I paid to make up the difference. ( my truck and $2600 for their truck) Or is that just opening up a whole new problem for me?

William B. Esq. :

You do not have to take your truck back.

William B. Esq. :

The way it works is this: You may have to decide which option, or route you wish to take with regard to pursuing a remedy.

Customer:

OK thank you

William B. Esq. :

Do you wish to (1) reverse the transaction - not take out a loan on a new truck, reverse any payments you have made, take your truck back, and return the old truck (this would be the easiest and "cleanest" way to get away from these people); (2) keep the new truck, but file (or threaten to file at this point) a lawsuit against them for fraud and breach of contract) and pursue remedies we discussed above - either benefit of the bargain, cost of the transaction, punitive damages, or all of the above.

Customer:

There is no loan on the truck. I do not want the old truck back. I would like this truck but want it as they said it was, this truck has things that I need and that is why I bought the truck and based on it having injectors that where only 1800 miles at the most old so I guess 2 is my option than. Also I have time and money into this truck also due to the fact I thought I was dealing with a reputable dealer and they would do as the said.

William B. Esq. :

(remember, I do understand you do not wish to reverse the deal, and I am not advocating for any one resolution over the other. Also, you can report this kind of unfair business conduct to the Attorney General Consumer Protection division (each state has a website for complaints - here is the link for Colorado: https://www.coloradoattorneygeneral.gov/departments/consumer_protection/file_consumer_complaint) it may not get you the full satisfaction of the contract, but it will give the dealer some penalty for their conduct).

William B. Esq. :

You may be able to get a partial satisfaction through mediation - again the BBB offers mediation services for consumers, and you may be able to negotiate through a private mediator. This conduct is clearly fraud - they told you something that was false, the issue was material to your deal, and they are now trying to cover the deal with an unfair resolution.

William B. Esq. :

I understand it may be a "half measure" (I cannot give you specific legal strategy or advice) but in general litigation it may be worth taking into account the cost, time, and inherent risk of litigation, when looking at a potential mediated result.

Customer:

OK. Thank you sir for your time. I am in the process of filing with the state attorney general and have also filed with the BBB

William B. Esq. :

I do wish you the very best of luck - I am sorry that you got tied up with such an unfortunate situation.

Customer:

Thanks

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 2960
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 13 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.