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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 92531
Experience:  Attorney with over 24 years of law and traffic law
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My daughter bought a used vehicle. After having it repaired

Resolved Question:

My daughter bought a used vehicle. After having it repaired several times, daughter takes the car back and they, the used dealership, agrees to trade for a truck. Same money. No money changed hands. Now, the vehicle runs hot. Daughter was behind on her payments . Her Dad co signed for this vehicle. He went caught up notes and was going to bring truck home and use it himself. Truck breaks down on side of interstate. Running hot, etc. dad called dealership . They told us they would send their mechanic to pic up with a trailer. Now, they want us to pay wrecker fee and pay the notes on a broken down vehicle . The truck is one that has a blue book value of $3700.00. Daughter agreed with them to pay $15000.00 . We don't want this lemon. What can we do ?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

What state are you in, since only one or two states have laws governing used car purchases?

Did your daughter get a written warranty on this vehicle?
Customer: replied 1 year ago.
Mississippi. 30 day warranty.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Are you still in the warranty period?
Customer: replied 1 year ago.
No.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am sorry to hear that you are not in the warranty period, because this is a huge problem in MS. The MS courts hold that absent written warranty, used car sales are considered as is, which means the buyer is liable for any hidden defects on a used vehicle they buy. The court uses the term "caveat emptor" which means "buyer beware."

Even under the as is scheme, MS does recognize implied warranties, but they require you to prove that the seller actually knew of the defect before selling the vehicle to your daughter and this makes these implied warranties very difficult to win in court.

First, the implied warranty of merchantability, requires you to prove the seller knew he vehicle was not fit for its intended purpose at the time he made the sale to her.

Second, the implied warranty of good faith and fair dealing again requires you prove he knew of the defect at the time of sale and he intentionally concealed that defect from her.

I am afraid though that aside from proving that they knew of this defect prior to the sale or the vehicle being covered under written warranty, the MS consumer laws provide pretty much no protection at all on a used vehicle purchase.



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Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 92531
Experience: Attorney with over 24 years of law and traffic law
Law Educator, Esq. and 2 other Traffic Law Specialists are ready to help you

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Law Educator, Esq.
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Attorney with over 24 years of law and traffic law