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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 38794
Experience:  Run my own practice.
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I bought a used truck "as is" within 18 hours, most of that

Resolved Question:

I bought a used truck "as is" within 18 hours, most of that time sitting parked overnight, the engine was blown, not due to any rough driving. I knew that the truck needed repairs when I bought it, I did not think that it was anywhere close to needing a new engine. Do I have any recourse?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Dimitry K., Esq. :

Thank you for your question.

Dimitry K., Esq. :

Please permit me to assist you with your concerns.

Dimitry K., Esq. :

Did you purchase from a dealer or a private party?

Dimitry K., Esq. :

You mentioned that you knew it needed repairs--did you inspect it or were you informed of the need for repairs by the seller?

Customer:

The truck was purchased from a dealer. They did an inspection on the vehicle and gave us the report.\

Dimitry K., Esq. :

Who is the 'they', the dealer?

Dimitry K., Esq. :

How old is this vehicle?

Customer:

Yes, the mechanic shop at the dealer

Customer:

the truck is a 1998

Dimitry K., Esq. :

Was there any warranty at all, or literally 'as is'?

Customer:

as is

Dimitry K., Esq. :

Were you assured that it was drivable?

Customer:

Yes,

Dimitry K., Esq. :

Hmmm. Have you considered taking to a different mechanic just to get a review? I ask because a new mechanic may see the extent of damages and see what if anything they failed to inform you of

Dimitry K., Esq. :

or what they reasonably may not have known

Customer:

We took it to another mechanic after it died and they were going to do new spark plugs, mass airflow sensor, and a new battery, fuel pump & fuel injectors but the mechanic told me this morning that it was 2 gallons short of coolant and he thought maybe the engine was blown. When they tested the truck this morning they determined that the engine was indeed blown.

Customer:

The mechanic this morning said that the dealership should have seen the coolant down by 2 gallons and should have known that the engine was probably blown

Dimitry K., Esq. :

That is a potential positive claim. It sounds as if the dealer did not adequately care for the engine, and should have known that it was blown.

Customer:

The mechanic today said that the head gasket was leaking and should have been spotted too as a potential large problem

Dimitry K., Esq. :

That gives you a claim for either misrepresentation or negligence

Customer:

How do I proceed with this?

Dimitry K., Esq. :

in ether case the dealer should have caught it, and something you couldn't have as you are not a mechanic yourself

Dimitry K., Esq. :

two ways

Customer:

I don't need a 1.5 ton paper weight

Dimitry K., Esq. :

1. contact the dealer with copy of mechanic report and demand they either perform repairs or take the vehicle back and refund the money

Dimitry K., Esq. :

claim it was due to their lack of full disclosure

Dimitry K., Esq. :

2. if that fails, escalate it to your state's Attorney General's office. They have a department for 'consumer protection'. Request that they investigate and pursue it on your behalf.

Customer:

OK, I have another question.

Customer:

I bought the car on my mastercard, can I contact the company and see if they will delay payment?

Dimitry K., Esq. :

This is a very powerful option because if the AG's office finds out that they are at fault, they can most definitely potentially fine them as well.

Dimitry K., Esq. :

It was still a valid sale--stopping the sale would create breach on your end.

Customer:

OK that's good to know, don't want a breach of sale on this end

Dimitry K., Esq. :

You can contac the card and ask if they can dispute based on that the goods you were sold were 'non-conforming'

Customer:

should I do that before I talk with the dealership or after

Dimitry K., Esq. :

If they agree, then you can dispute (rather than stop), and they can evaluate if you had a basis to stop the sale

Dimitry K., Esq. :

do that first if you can

Dimitry K., Esq. :

the office is closed until Monday

Dimitry K., Esq. :

If the card denies your claim, you could always pursue it via small claims as well

Dimitry K., Esq. :

but consider all the other steps first

Dimitry K., Esq. :

Does that make sense?

Customer:

So, talk with the credit card company about disputing the payment first

Customer:

talk with the dealership next

Dimitry K., Esq. :

right

Customer:

OK thank you

Dimitry K., Esq. :

You are most welcome, glad to help

Dimitry K., Esq. :

if there is anything else I can assist you with, please do not hesitate to request me by name.

Dimitry K., Esq. :

Otherwise, if satisfied, kindly do not forget to positively rate my answers so I can obtain credit for my work. Thank you.

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 38794
Experience: Run my own practice.
Dimitry K., Esq. and 3 other Traffic Law Specialists are ready to help you

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Dimitry K., Esq.
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Attorney at Law
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Run my own practice.