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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7629
Experience:  Just Answer consultant at Self employed
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I just bought a used truck from a dealer,annd found out just

Customer Question

i just bought a used truck from a dealer,annd found out just hours later that its going to need major engine work. i feel scamed! why cant i return it? thank you
JA: What state is this in? And how old is the truck?
Customer: 2005 in ill.cook county
JA: Has anything been filed or reported?
Customer: i bought it 18 hours ago.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 22 days ago.
Category: Legal
Expert:  legalgems replied 22 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 22 days ago.

I am sorry to hear this; was the truck sold as is or with any warranties? Did the seller know of the engine issues?

Customer: replied 22 days ago.
papers say as is.
Expert:  legalgems replied 22 days ago.

Thank you for your patience as I reviewed the statutes;

so there is an exception to the as is issue;

if the vehicle has less than 150,000 miles and is not a rebranded or flooded title, then unless a specific known defect is signed off by the consumer, the transaction is subject to the implied warranty of merchantability, meaning it must be free of major defects for the first 500 miles or 15 days; the buyer must notify the dealer within 2 days of the defect/time period.

That statute is here:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=081505050K2L

Section 2L. This is the Consumer Fraud and Protection Act.

Here is a sample complaint letter

Often times the dealer will agree to either replace the defective part or void the contract when the relevant statute is cited.

Further questions? Please post here to continue the chat.

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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 19 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!