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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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We purchased a used car from a dealer. The check engine

Customer Question

We purchased a used car from a dealer. The check engine light was on at the time of purchase, but we were told is was very minor and required a $7 part. We are not able to get an emission test done on this vehicle as the emission testing rules in colorado prohibit a test being performed if check engine light is on.
We brought it to our mechanic after the purchase and he could not figure out what was wrong as everything seemed to be in working order. Our mechanic then referred us to Ford Service (not the dealer we purchased from).
We spent nearly $2500 (after purchase) trying to fix it as we were told by Ford a new "PCM" and coils were required and this was likely the reason the check engine light was on. After spending all of this money, we learned from the Ford that it had a replacement engine put in the vehicle at some point.
The dealer is trying to find us a "replacement" to swap, but none of the options have been acceptable.
Do we have any recourse?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

I am sorry to hear of that;

a few minutes please as i look into this for you.

Expert:  LegalGems replied 1 year ago.

Thank you for your patience. Under the Consumer Protection Act, a dealer (or any retailer) may not make misrepresentations as that constitutes a violation of the Fair Business Practices statutes contained in Title 6, Article 1, §§ 101 through 908. In addition to monetary damages, the seller can be fined $10,000 per incident.

Generally there are 3 causes of action

1. breach of contract (not delivering the car as represented)

2. Misrepresentation (misrepresenting facts re: the item)

3. Fraud in the inducement (misrepresentations that occur with the intent to entice a party to enter into a contract)

Here is the licensing agency for car dealers that investigate complaints: https://www.colorado.gov/pacific/enforcement/motor-vehicle-dealer-board-auto-industry-division

Generally damages are economic damages- basically to pay plaintiff's out of pocket losses (repairs) to make him/her "whole" - in the position the contract intended.

Another alternative is to void the contract, being a material breach, and requesting purchase price plus repairs refunded, and the car returned to the dealer.

Information on the consumer protection statutes here: http://www.denbar.org/docs/Contract%20Law.pdf?ID=124

Expert:  LegalGems replied 1 year ago.

Small claims is appropriate for claims under $7500 - https://www.courts.state.co.us/userfiles/file/Self_Help/Small_Claims/SMALL%20CLAIMS%20FAQ's.pdf

Other cases need to be brought in general civil court.

Expert:  LegalGems replied 1 year ago.

However, once the consumer protection statutes are cited, along with the penalties (which can include an award of attorney fees), many dealers will attempt to make good on the deal, so to speak.

Expert:  LegalGems replied 1 year ago.

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Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

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