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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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2 months ago i bought a used 2007 nissan quest from a used

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2 months ago i bought a used 2007 nissan quest from a used car lot, it was as is with no warrenty, i took it for a test drive an it ran nicely, now its in the shop for a major transmission problem,turns out to even no there was a problem with the tranni you wud have to drive the car 15 to 20 mins in order to feel sumthing was wrong, in my case to work an home is only 3 to 7 mins away, so i never felt anything,it wasnt until i took a 2hr trip 4hrs round trip that there was deffinatly a problem. now im wondering if theres anything i cud do by letting the car dealer ship know an may this be a lemon? oh a i did look at the car fax an it did not show anything of any tranni problems. what can i do???????? i dont want to be paying 5yrs for a car that i cant afford to fix nor drive. thank you George.
Dimitry Esquire :

Thank you for your question, George.

Dimitry Esquire :

Please permit me to assist you this evening.

Dimitry Esquire :

What state did this purchase take place in? Different states have different lemon laws although based on the age of the car I doubt it will qualify.

Dimitry Esquire :

Lemon laws typically cover new cars or used vehicles that are under 1 or 2 years of age, and no more than 12,000-24,000 miles.

Dimitry Esquire :

This may be a warranty issue, but I would need the state to double check.

Customer :

state of california

Dimitry Esquire :

California lemon law would not govern this.

Dimitry Esquire :

When did you finally hear this noise, how many days after purchase?

Customer :

probably like 3wks after wen i acually drove it longer then 10mins.

Dimitry Esquire :

Got it, and did you inform the dealer at that time of the noise, or you waited?

Customer :

i waited until i cud get it into shop due to i thot it was sumthing simple i cud afford but, turns out it needs major work done.

Customer :

i do have to drop off sum dmv papers to the dealer ship here soon an i will bring it to their attention but, im woundering if theres anything else i can do incase they wont help me in this case?.

Customer :

i ve read the contrac an i only seen a paper signd by my co-signer that states nothing was wrong with the vehical at the time of purchase an there was noway of knowing about the tranni at the time unless the car was driven longer then 15mins,test drive only lasted 4 to 5mins.

Customer :

ok well thank you for your time, i'll a diffrent route.

Dimitry Esquire :

One more question if I may--do you think they knew?

Dimitry Esquire :

I am still here, I was waiting for you to finish typing.

Dimitry Esquire :

The only potential claim here is if you can show that they knew and failed to disclose

Dimitry Esquire :

Then you can argue that this was a 'material omission' and direct misrepresentation of the state of the vehicle.

Customer :

im not sure they told me that they have every vehical gone threw an inspected,an said they were putting my in a good relible car safe for my kids an me. so i really dont know?

Dimitry Esquire :

Otherwise, you did purchase 'as is' and you have no legal basis to pursue the dealer.

Dimitry Esquire :

That may be considered 'puffery' or just talking up the product

Dimitry Esquire :

if they did not directly state that they checked this part and that it was perfectly operational, what governs is the contract.

Dimitry Esquire :

And in the contract if it was 'as is', that is all you get as your benefit for a used vehicle. I am sorry, truly.

Customer :

so if it was mentiond that it had a bad tranni then i got what im paying for in other words?

Dimitry Esquire :

Correct

Dimitry Esquire :

or at least get them to repair it

Customer :

i did ask them at the time that this is not going to break down in a few months, an thats wen they said all their vehicals are gone threw before intering the lot, an my co-signer is a wittness to that convoe,so will that help any????

Dimitry Esquire :

That is still not a direct assurance that this was something they guaranteed.

Dimitry Esquire :

It is not a promise that the vehicle had no defects.

Customer :

ok i got you. thank you so much for your time.

Dimitry Esquire :

You are most welcome, glad to help.

Dimitry Esquire :

If satisfied, please do not forget to positively rate my answers to you at this time so I may obtain credit for my work. Thank you!

Dimitry Esquire :

Sincerely,

Dimitry Esquire :

Dimitry, Esq.

May I ask why you rated my answer as 'poor'? What specifically did I fail to answer? And how specifically am I responsible if you purchased a vehicle without a warranty and did not obtain written assurances. Please advise.

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