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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19285
Experience:  B.A.; M.B.A.; J.D.
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I'm looking bit of advice, I purchased a vehicle

Customer Question

I'm looking for a bit of advice, I purchased a vehicle in Washington a week ago, I live in Oregon. After a week I can now tell the gas tank is leaking and the rear differential as well. Now I didn't expect a perfect used vehicle but this seems unsafe. I was told they do a 130 point inspection and no issues were found with the truck, the fuel and oil was obviously cleaned off the tank at the dealership as it was not visible when I test drove the truck.
Being that the vehicle is leaking fuel, I don't think it would pass an emissions test and sure isn't very safe to drive. I have emailed them and am waiting for a response. Is there any legal protection for me in this situation?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
Unless you purchased the car "as is," you have legal protection. However, the lemon law does not apply because Washington Lemon law only applies to new vehicles. But Implied Warranty of Merchantability can be used to obtain some relief. There is Implied Warranty of Merchantability on every vehicle sold that the vehicle will be fit for ordinary driving purposes. That means that the vehicle must be fit for ordinary driving purposes, free of major defects, and reasonably safe. So, you would need to take the car back to the dealership and ask for the issue to be fixed or your purchase price returned to you. Otherwise, you can file complaint with Washington Attorney General's office or file lawsuit against the dealership for knowingly selling you a car that has major defect and concealing it. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.