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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 9910
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I just purchased a new car yesterday and found it has a

Customer Question

I just purchased a new car yesterday and found it has a vibration noise. I am taking it back to the dealer to have them check it out. I live in Nevada and am wondering what are my options if I do not want to go through the lengthly process of having them fix the noise. Do I have a few days to return the vehicle? or am I stuck with it from the get go?
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 12 months ago.

Generally if the car has a defect, the consumer must pursue the remedies available through the warranty and lemon laws,which are rather time consuming and complex; so I completely understand your concern and reluctance to do this.

There is an option and that can be relief based on the following:

1. Breach of contract:

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

The consumer would argue that the breach is material as the car is not performing as a "reasonable person" (the legal standard) would expect a new car to perform, and that defeats the very purpose of buying a new car (versus a used car).

2. Breach of implied warranty of merchantability: This is implied in every contract, unless expressly excluded. Basically it warrants that the car can be used in the manner in which it is intended by normal consumers- so the claim would be the same as above; a vibrating car that cannot be driven (due to ongoing mechanical issues) is not what reasonable consumers would expect.

If the dealer refuses to accept the car (and they may insist on evaluating it first to see if it's a minor issue) then one would need to sue in court for the amount of money paid for the car. Generally one would first send a complaint letter, detailing the issue- in which case a third party professional estimate/overview would be helpful.

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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.

Expert:  LegalGems replied 11 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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