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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118201
Experience:  Attorney experienced in commercial litigation.
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I purchased a used car Cadillac 2010 as is after the

Customer Question

I purchased a used car Cadillac 2010 as is after the purchase which is only six days I find out it has major problems bad axle, massive oil leak, and bad struts the dealer says they will buy after market parts and charge me labor after spending seven thousand five hundred dollars for the car
JA: What state is this in? And how old is the car?
Customer: Michigan the car is nine years old
JA: Have you contacted the manufacturer?
Customer: it was purchased at a used car dealer ship
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's all so far sorry yes the cost so far from legal repair shops is $ 2 047.49
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The MI law states all used purchases are considered as is, which means that the courts say the buyer must beware and has the duty of checking for hidden defects and not the seller. So unless you received a written warranty to the contrary, you have an as is purchase that you had the duty to check before making the purchase.
Even in an as is purchase, there are some common law implied warranties. The first common law warranty is the implied warranty of merchantability, which says if the seller KNEW of the defect at the time of the sale and knew it rendered the car unfit for its purposes, then you can sue to rescind the sale and recover your money of money for damages. The second common law warranty is the implied warranty of good faith, which essentially says the same thing, that if the seller knew of a defect at the time of sale and failed to disclose, they have violated the implied warranty of good faith and you could sue for costs of repairs.
However, if you cannot prove that the seller knew of the defect prior to the sale, then as it was an as is sale you would be liable for the damages. If you can prove such knowledge, then you can sue for the costs of repairs in small claims court without an attorney and would need to have a mechanic testify about the damages.
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