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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10484
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I bought a used car from a GMC dealer in October 2016. It

Customer Question

I bought a used car from a GMC dealer in October 2016. It came with a 2 year warranty. I only had it for under 6 months when I started noticing that it was burning oil. At approximately 3,000 miles, there was no oil on the dip stick. I took the car into the deal on April 21st. I have put on right around 6,000 mile since I bought the car. So there is roughly 74-75,000 miles. It's needs a new engine. The warranty company is going to rebuild it but the dealer is telling me it needs a lot more done to it but the warranty company will not pay for it. Is there anything I can do?
JA: What state is this in? And how old is the car?
Customer: 2010 Buick Lacrosse - Michigan
JA: Have you contacted the manufacturer?
Customer: not yet. I just found this out yesterday. They have been putting me off since April 21st
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm not liking the fact that I'm getting a rebuilt engine and paying for repairs with a warranty after just under 6 months. That's it. I just want to know my rights.
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 5 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 5 months ago.

Unfortunately the Lemon Law only applies to new vehicles:

http://www.michigan.gov/ag/0,4534,7-164-17337_20942-252777--,00.html

However, an express warranty would be applicable for the required period.Any covered components would be required, unless any damage is due to negligence of the owner.

If the company fails to repair defects covered under the warranty the consumer can sue for breach of warranty. Damages generally include actual costs (repair cost) plus reasonably foreseeable and proximately caused damages (rental car)

The terms of the warranty will dictate- it is a contract-so the warranty should specify whether new/rebuilt/used parts are acceptable in repairs.

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.

Customer: replied 5 months ago.
Can I use The Consumer Right Act 2015 - since my care had problems after 30 days and before the 6 months.
Expert:  LegalGems replied 5 months ago.

One can argue that the implied warranty of merchantability has been breached because the car cannot be used in the manner in which it is normally used - it is simply not driveable;

https://www.michigan.gov/documents/consumer_protection_act_54984_7.htm

Also if the salesperson made any misrepresentations that can give rise to a basis to void the sale.

Expert:  LegalGems replied 5 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html