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5/10/2011
VerifiedThank you for the post, I am happy to assist you by answering your questions. Because the vehicle was not an "as is" purchase, the implied warranties of merchantability and fitness for a particular purpose attach. Further, because the vehicle damage was misrepresented, there is evidence of the same and no FTC Buyer's Guide was presented with the sale, you can rescind the purchase or negotiate for a lower purchase price in light of the damages. Did you finance the vehicle or purchase in cash?
Thank you, XXXXX XXXXX failed to provide the FTC Buying Guide, the sale is voidable. For your reference, this is the form you should have received: http://www.ftc.gov/bcp/edu/resources/forms/buyers.pdf The FTC enforces the failure to provide the buyers guide.
Further, in the event the dealer fails to pay for the repairs, the failure to do so is a breach of the implied warranty of merchantability or fitness for a particular purpose, and you should consider contacting the MI Attorney General's office to report the matter: http://www.michigan.gov/sos/0,1607,7-127-1585_1620-31315--,00.html
Please let me know if you have any follow up questions or need additional guidance.
Further, in the event the dealer fails to pay for the repairs, the failure to do so is a breach of the implied warranty of merchantability or fitness for a particular purpose, and you should consider contacting the MI Attorney General's office to report the matter: http://www.michigan.gov/sos/0,1607,7-127-1585_1620-31315--,00.html
Please let me know if you have any follow up questions or need additional guidance.
VerifiedDCrane_Esq and 87 other Canada Law Specialists are ready to help you
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