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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 39042
Experience:  Retired (mostly)
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I purchased a 2008 GMC Acadia from Carmax, 2 years ago.

Customer Question

I purchased a 2008 GMC Acadia from Carmax, 2 years ago. Before our 30 day warranty was up, I took the car back to them for several issues. Two of these issues were the air condition system wasnt working and the other was the car was surging....I thought transmission problem. They were unable to find anything wrong, except for the AC. They kept my car for a whole month to repair the ac. I was told if I had any further problems to just return and they would take care of it. We went back about 2 weeks later because the surging was still there....at which point we were told that they would gladly fix the problem, but at my expense now, because we were past our 30 days. I didn't pursue any further, because I didn't have the funds to do so. Now, 2 years later, I'm spending almost $3000 dollars on a new transmission, and to have the AC repaired. Is this something I can sue them for?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Mississippi.
JA: Have you contacted the manufacturer?
Customer: Yes. We have also had the air bags to deploy for no reason. GMC told us there was a recall on the vehicle at the time we purchased it, but no one informed us of that at Carmax, and the recall is no longer in effect.....therefore we had to pay for that as well
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think thats all
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  socrateaser replied 10 months ago.

Hello,

The statute of limitations for intentional or negligent misrepresentation is three years (Miss. Code § 15-1-49(1) (2016)). If you can show that the dealer misrepresented the vehicle's condition as a means of avoiding performing the warranty repairs without charge to you, then you can sue for damages.

You can sue in small claims court for up to $3,500 -- without a lawyer. That may be your best course of action.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Expert:  socrateaser replied 10 months ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!