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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34268
Experience:  16+ yrs. of legal experience.
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Bought a car from a used car lot 2005 Kia Sorento it broke

Customer Question

Bought a car from a used car lot 2005 Kia Sorento it broke down on my way back to Georgia from Kentucky. The car lot couldn't find out wat was going on only that a piece fell off the engine, I researched it and the engine had a defect and that there is class action laws suits And Kia is not rectified the problem. it's been 3 weeks and I still do not have a car the car lot said they would trade me out vehicles but I have to give them 300 dollars. What can I do. Please help me!!
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I am sorry for this dilemma. Can you tell me, did the dealership provide a warranty with the sale? Are they honoring the warranty?
Customer: replied 2 years ago.
30 day warranty I got it on 3/6/15 broke down on the weekend on mothers day
Expert:  P. Simmons replied 2 years ago.
Thank you
So what is your question today? Are you asking if you can force them to Pay the repair costs even though this happened outside the warranty period?
Customer: replied 2 years ago.
Well it's over for that car it can't be fixed just want to know why they are making me pay 300 dollars to trade out to another vehicle
Expert:  P. Simmons replied 2 years ago.
Thank you.
First and foremost is important to understand that unless you can convince Kate for that the dealership lied to you regarding this contract, you would not have recourse against the seller.
Let me back up. Under contract law when parties agree to terms of the contract that contract can be enforced by either party. What you're describing, you had a 30 day warranty and the vehicle died outside of that warranty period.
Generally speaking you have no recourse.
However, contract law places a requirement that parties negotiating a contract negotiate in good faith
if the seller lied to you about a material provision of the contract, for example, if they lied to you about the condition of the engine? That could be a basis to void the contract and require them to return the money you spent.
However, you must prove the case. To force The seller to return your money to you, you have to prove in court they lied to you.
If you sue them and cannot prove they lied? If that happens the case would be over and you would walk away with nothing. For this reason, what they are offering sounds like a reasonable deal; that is, pay $300 for a new (working) car.
Still, if you want, you can sue them and ask the court to void the contract and return your money.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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