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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I purchase a vehicle at the end the Jan., when I return back

Customer Question

I purchase a vehicle at the end the Jan., when I return back to my duty station I come to find that the truck came to have some issues. The check engine light initially started coming on with the change oil light. I had took it to the dealership to get a oil change but found that the check engine and the oil light would still come on. I took it back to the GMC dealer and they said that a gasket was cracked and need to be replaced. They replaced that , when I drove off the lot the check engine light did not come on for awhile, but it eventually it did the same day. So I took it back to the dealer, they looked at it again the mechanic changed the oil pump but found that the vehicle engine needed a over hall/ new engine because it seems that it was drove with low oil for quite some time. I'm not sure about how I should go about dealing with this situation because the used car dealer that I purchased the car from had a clause in the contract stating that I could not bring the truck back..
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer,I am very sorry to learn of this situation. Unfortunately if the auto was sold "as is" you are going to be responsible for the cost of repair. (See generally:!opendocument).If the dealer made a specific factual misrepresentation regarding the mechanical condition of the vehicle, you may have a cause of action against them for fraud - but this requires a specific factual misstatement such as "the truck has a brand new engine", as opposed to a general statement such as "it is a great truck"Absent some specific factual misrepresentation, you are going to be responsible for the cost of repair to the vehicle (in legal terms, "the risk of loss passes from the seller to the buyer at the time of sale").

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