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Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33013
Experience:  30 years experience in general legal matters.
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Brought a used 2004 Ford Thunderbird at a local well known

Customer Question

Brought a used 2004 Ford Thunderbird at a local well known Ford dealership here in Florida. My wife and I decided to buy along with it a MOPAR vehicle protection since the original coverage was no longer good or transferrable and the car was sold as is. From the day we drove it off the lot there were problems. The car had a stutter to it and we took it back to the dealer and they ran in the garage test on it and it checked out fine. Still had a stutter problem to it so we took it back, talked to the manager and had a mechanic do a ride along and did not go far and he noticed the problem and we had 8 new ignition coils replaced at no cost. All the while we always took the car out on my days off for short rides and rode with the convertible top down and no air on since it was February and cooler months. When the temperature got hotter in Florida and wanting to take longer trips, now on the highway at 70mph, we notice the car overheating quite often. We took it back to the dealership that we purchased the vehicle at to have the radiator flushed and new coolant hoping that this would solve the problem. Well it did not solve the problem and so they tested the thermostat and claimed that it was bad and to replace it would cost over $600.00. We agreed to the thermostats replacement but still the car overheats. Then we were told and guaranteed verbally that a new water pump would solve the problem and another over $400.00 added to my $1000.00 bill, none of which was covered under my MOPAR protection plan.The car still overheats and my car will be in the shop 10 days coming tomorrow. We are planing to talk with the manager at this time also. We feel that this car had these known problems before but nothing was said buy the dealership to us before purchasing this lemon. Is there any thing that can be done to have them buy this car back or finish fixing this car at no further cost to me?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a Florida licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Since you have a written warranty, that would supersede any oral promises for maintnenace or condition. So, if the warranty has any provision for the dealer or manufacturer buying the car back from you then you can exercise that provision.

Otherwise, once you take the car off the lot and pay the purchase price, the car is yours, along with any maintenance issues not warranted in writing.

You can file suit in small claims court if they breach the warranty (though check the terms of the warranty for mandatory arbitration), but the warranty is the document which would control your legal remedies if the car has defects.

You can also file a consumer complaint with the Florida Attorney General. They will investigate and take action if warranted.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

Are you still online with me?