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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117370
Experience:  Attorney experienced in commercial litigation.
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On February 19th 2016 I purchased a vehicle at & Auto sales

Customer Question

On February 19th 2016 I purchased a vehicle at B & B Auto sales in Puyallup. I traded in my 2008 F250 at a value of $9250 toward a 2008 F350 for a price of $19.500. I paid $8,000 in cash and $3,544.25 on my credit/ debit card. 2 Days later on the way to work the vehicle broke down and did not start. I called B & B and they asked to have it towed to their shop so they could fix it. They stated that they would fix it for me, I could be rest assured. On Monday the vehicle was towed to their shop and then transferred to Korum Ford. The tow truck driver noticed that it had no emissions controls on the vehicle noting that it was illegal for them to sell it to me without those intact. The vehicle was there all week and was supposedly ready for pickup on Friday the 26th. They claimed that they had replaced the low pressure fuel pump and the #1 and #8 injectors. It sat parked until Monday the 29th when I was on the way to work. Along the way the cruise control stopped working like before. And it bogged down tremendously. Then as I tried to continue, it blew lots of black smoke. I called B & B auto’s number and was notified that they did not exist any longer as they were bought out by Northwest Motorsports. but was advised that since Ford had just worked on it that I should take it back there again. So I returned it to Ford. They looked at it briefly and said that it needed #1 and #8 injectors that were said to have been replaced previously. They confirmed that due to the dealer refusing to pay for these that they had not replaced them as the dealer said it needed. At that point Ford said that had no continued contact with the dealer as they no longer exist and I would need to pay for repairs myself. I have since taken the vehicle to a trusted Diesel shop 3SDiesel to have diagnosed and repaired. This diesel shop gave it a thorough examination and determined the cost of repair would be $4,786.37 to fix the vehicle.
To summarize, the dealer sold me a vehicle that was not fit to sell, missing emissions equipment and had known about major mechanical failure. They had it taken to Ford, not to fix as they mislead me to believe. They simply wanted it to stay put while they finished finalizing their sell off. They said they would fix it, but they did not. They no longer exist, therefore filing a chargeback for part of the funds is my only recourse. Do I have a case?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
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, under WA law a used vehicle purchase is considered as is, unless you received some warranty in writing. In an as is sale, the courts place the risk of defects on the buyer, not the seller. However, in a case where the dealer violated the law in selling a vehicle without proper emissions, they are liable to you based on the implied warranties available in all sales called the warranty of Merchantability and you can seek damages from the dealer in the amount of what you paid for the vehicle.
Them also claiming to fix the truck and not doing so is fraud. So you have multiple issues against the dealer and you will need a local attorney if the dealership is now closed I am afraid, as you will have to file suit against the fraudulent seller for breach of the warranty of merchantability and for fraud and theft based on his conduct you described.