Dear Sir/Mam,
I bought a used car in Nov. '08, 4 cylinder 2000 Toyota sedan, from a local dealer, for a price of $6,000 plus tax and other fees. Dealer's warranty is 6 months. Recently, the car engine makes noise, sounds like driving on a third gear all the times. I just found out that it runs on less than 19 MPG. Before buying the car, I have asked to ensure that it's 4 cylinder and running on low MPG. I have contacted the dealer, but they keep on saying it's a used car, and it's always been like that. Obviously, the Dealer refuses its liabiliy. My question here is: Do I have a case? Or I would have to swallow it as for my stupidity? So frustrating me, I need the car to find a job for Christ!!!
Please help!!!
Thanks and regards,
Edward Ho
The car must meet the express 6 month warranty and implied warranties, such as warranty of merchantability and warranty of fitness for a particular purpose. What you would have to prove is that the dealership knew or should have know of any problems with the vehicle before the sale, and its failure to inform you is a breach of one or more of these warranties.
If you believe you can prove that, then you do have a viable claim against the dealership. You should demand that the vehicle be repaired free of charge, and if they refuse, you should sue in small claims court for the damages you're received from the dealer's breach.
Thank you Sir,
I forgot to add more info about the Dealer, I have bought the car in for small service after purchased it, but the just fixed it without any paperworks. The only way for me to get any proof that I have brought to their attention is using a camcorder or certified mail.
BTW, which small claims court should I go to, we locate in different city.
I think you are right, I am fed up with little crooks like this!!!
Regards,
Lawyer (JD)
Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations