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Ely, Attorney
Category: Traffic Law
Satisfied Customers: 99459
Experience:  Private practice
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I bought a 2003 GMC Yukon in April. The truck did not pass emissions. I was told that the

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I bought a 2003 GMC Yukon in April. The truck did not pass emissions. I was told that the check engine light had been disconnected. I called the dealer and explained the issue. The dealer chose not to remedy the situation. I reviewed the sales documents and found the odometer statement and my vehicles current odometer or did not match. I believe the dealer replaced the vehicle's odometer and I did not authorize this.

Presently my vehicle will not pass emissions and my plates have expired.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) What state are you in; and
2) Did the dealer present any warranty at all, or, sell the truck "as is" (even if as is, you may still have a case, however).

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.
Yes the vehicle had a 3 month warranty. I live in Virginia and emissions are required in my county.
Thank you for your reply, Jay. You may have a case under breach of warranty, although it depends on which. Allow me to explain.

If the dealer has given you a warranty for the vehicle (called an 'express warranty'), and the issue is under that warranty, then they have to fix it. It is important that you look at the documentation to see exactly what is going on. If so - and if the dealer's warranty covered the issue - then you can force the warranty by a BREACH OF EXPRESS WARRANTY claim.

Even if there is no express warranty, she might still have an IMPLIED warranty. This is where it gets murkier.

When one purchases an item, even if one does not have a specific warranty, it comes with a set of implied warranties. These implied warranties are very ambiguous in law by nature.

An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose. Universal Motor Co. v. Snow, 149 Va. 690 - Va: Supreme Court 1927.

An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold. Featherall v. Firestone Tire and Rubber Co., 252 SE 2d 358 - Va: Supreme Court 1979.

Now, both are very subjective and are based on (1) the item's condition at time of purchase, (2) the amount the item was purchased for, (3) how long an item of such nature normally would be expected to last for, and (4) whether or not you waived these warranties by writing.

If the issue is $5,000 or less, then this would be in small claims court - see here. Anything over $5,000 is regular court.

An attorney is recommended for regular court (small claims court does not allow attorneys).

But very often, a demand letter from an attorney takes care of the matter even before suit is filed, as they acquiesce and agree to come to a deal to avoid litigation. Let me know if you need such a sample letter.

I hope this helps and clarifies. Good luck.

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