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Roger, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31786
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I bought a used minivan from a dealer. Before I purchased

Customer Question

I bought a used minivan from a dealer. Before I purchased the vehicle, the CD player was found to be defective. The dealer agreed in writing to replace the CD player. There was no time period specified. After I purchased the vehicle, my wife became very ill and I could not find the time to return the vehicle for the installation. Then the dealer claimed he "lost" the replacement CD player. When I reminded him that our agreement to replace the CD player had no time limit, he mysteriously found it. Now he refuses to install the CD player but says he will give it to me to install myself. He also says if the CD player he purchased to replace the defective one doesn't work, it isn't his problem. Please advise?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad tp assist.

Expert:  Roger replied 1 year ago.

If you have a written contract that says the seller will install a CD player, then you can hold the seller to it.....and sue for specific performance if he refuses to honor the agreement.

Customer: replied 1 year ago.
What about his claim that he cannot guarantee the CD player he provides will work?
Expert:  Roger replied 1 year ago.

The product should have a warranty.....but if the dealer doesn't provide a warranty, then you may not have any guarantee.

Customer: replied 1 year ago.
Ok so just so I get this straight- if he agrees to replace the CD player there is no reasonable expectation that it should work?
Expert:  Roger replied 1 year ago.

Yes, there is an expectation that it should work....but if the seller did not make any warranties to you, then you'd be left with having to sue for defective workmanship, wouldn't be a contract warranty issue.

Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!