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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