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I purchased a used 2011 Jaguar XJL Portfolio from Alpine

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Jaguar in December 2014 with...
I purchased a used 2011 Jaguar XJL Portfolio from Alpine Jaguar in December 2014 with an extended warranty. Certified by Jaguar. I have had to take the car in for many repairs major and minor. We have had to leave the car about 15-20 times in 1.5 years. The latest was yesterday, when the vehicle overheated and died on the road 3 hours away from home. They are claiming that my wife killed the battery and that I have to pay to get it replaced. The car was completely dead caused by a coolant line which went faulty and the car shutdown. The steering column was recently changed the electrical system that displays odometer was replaced and other minor rattles, etc. My warranty will expire in November 2016 and I have not gone 60 days without having an issue. Wasting my time and gas. What recourse do I have for the $45K investment.
Submitted: 1 year ago.Category: Consumer Protection Law
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Answered in 11 minutes by:
6/27/2016
Consumer Protection Lawyer: LegalGems, Lawyer replied 1 year ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 11,522
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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I am very sorry to hear this;

there are a few different issues;

first, since a car that is not sold as is comes with an Implied warranty of merchantability- this means that the car will do what it should (ie be driven). If the car's defects are so substantial that this is not possible, then one can sue for breach of contract (the car that was delivered was not operable in a manner that a reasonable person would suspect).

Second, an express warranty does not give the seller unlimited attempts to repair the car. Rather, the seller is given "a reasonable number of opportunities to repair" - https://www.consumer.ftc.gov/articles/0055-buying-used-car#warranties. Failing to provide a working vehicle after a reasonable opportunity to repair (generally 3-5 visits) allows the buyer to void the contract.

Additionally, a certified car attests that the car is of a certain quality; if the car is not of that quality, that will also support a claim for breach.

One can first attempt to negotiate to void the contract (return the vehicle, return monies paid, deducting for "reasonable use" -typically based on miles). Failing that, one would need to pursue an action in court. An itemized statement of repairs, along with a third party professional analysis, would help prove that the car did not meet reasonable consumer expectations.

In FL, small claims is limited to amounts less than $5,000 (http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/small-claims.stml) so one would need to pursue it in regular civil court, should negotiations be unsuccessful.

A complaint can also be filed here:

http://flhsmv.gov/dmv/forms/BRE/84901.pdf

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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Consumer Protection Lawyer: LegalGems, Lawyer replied 1 year ago

Checking in on the above; Thank you for Using Just Answer!

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