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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Hello. I bought a used 2001 hyundai sonata for my niece about

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Hello. I bought a used 2001 hyundai sonata for my niece about six months ago from a small dealer. The engine was found to be leaking oil 2 months later. about 3 weeks ago the check engine light came on and it was taken to an auto shop where they notified my niece that the OBD Data Link Connecter was removed and they couldnt do a diagnostic because of it and also said that it could not pass emmissions because of it. On the way back home the engine died and the same mechanic said the engine has to be replaced. My question is that I am under the impression that it is illegal to sell a car that cant pass emmissions especially if the car has no OBD connector. Am i right and is there any recourse for my 3000$ investment.

CalAttorney2 :

Dear Customer. Thank you for choosing Just Answer. Your vehicle may be protected under traditional contract law for fraud or intentional misrepresentation. If the dealership was the one that removed the emissions device, or knew the device was removed yet failed to tell you, you may be able to recover the cost for any damages related to that failure. Unfortunately, the lemon laws for vehicles such as this limit recovery based on the length of time you have driven used vehicles, but you are still permitted to file a lawsuit and see if you can recover under those principles for your damages (I do not have all of your facts in front of me, and perhaps the recurring damage with continued fixes creates a basis for a claim under this law. You can find more about the Illinois Lemon Law here: http://www.illinoisattorneygeneral.gov/consumers/lemonlaw.html

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