Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In general, an as is sale places the risk of hidden defects on the buyer, not the seller. The courts use the phrase "caveat emptor" or "buyer beware" when discussing the as is sale. The buyer is expected to drive the car and inspect the car reasonably before they purchase the car.
However, even in an as is sale, there are some implied warranties under common law. First, the implied warranty of merchantability, which states when the seller knew or should reasonably have known that the vehicle was not fit for its intended purposes. In this instance, you have evidence this was an existing problem and he had to reasonably know it existed. Second, the implied warranty of good faith, which also states where the seller knew or should have known that the vehicle had defects and misrepresented them when asked or concealed them.Under the two common law warranties, those would be your basis to sue the seller to recover the costs of repair or to cancel the sale and recover your purchase price. If he refuses to pay for the work or work out some deal with you, then you have grounds to file suit against the seller for your damages.
Thank you for your reply.You also should consider filing a complaint with the Attorney General's Consumer Protection Unit and also the State DMV Dealer Licensing unit as they also investigate and handle these complaints. That should be your first step, because many times they can resolve the issue without a lawsuit.
As far as the dog bite, he is strictly liable for the bite and all injuries and you also need to report the bite to animal control. That is all a separate issue from the car issue. But this is a basis for a separate suit against the dealer in addition to the suit against him for the breach of the implied warranties and unfair and deceptive business practices (for which you can get triple damages and attorney's fees).
Thank you for your reply.All we can do is present your options, so you are free to take any of those options mentioned, we just present them to you.