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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118175
Experience:  Attorney experienced in commercial litigation.
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I live in Las Vegas and I purchased a used car in NY from a

Customer Question

I live in Las Vegas and I purchased a used car in NY from a dealership. I had it inspected by the original make/model dealership. They found a few things that needed to be fixed. They never sent me a report. Instead they sent it to the used car dealership I was purchasing the car from. I was told that there was $10,000 worth of items to be fixed and I would need to send that for them to be fixed, but they would take the $10,000 off of the price of the car. I did and I was sent an invoice of what was fixed. I then paid for the car and had it shipped. When I received the car the 3rd brake light was not working and the warning light on the inside was on because of this (I can't get a passing smog or register it). I called the dealership the next day and couldn't get in touch with the seller... he was always on a call, with a customer or not there. After a couple of days I finally was able to talk to him. First I was told there was nothing they could do and it was working when they shipped it, then I was told that the dealership told them it was working intermittently and he'd see what he could do and to get an estimate on the cost. I got it and sent it to him (it was $2700) dollars...now they're telling me that they'll only pay for the part which they say is only $900... Legally, what can I do?
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.
Legally, if they undertook the repairs as part of your agreement to buy the car and did not do so in a proper manner, they are liable for the whole cost of repair. The problem is that if they are in NY you will need to sue them in NY small claims court for the damages and cost of repairs they negligently made along with the reasonable costs of suing them for the failure to pay in breach of their warranty with you.
To begin with send them a written letter explaining you had a warranty that the repairs they made would be proper repairs and they failed to do so as such they are liable to you for the costs of fixing what they negligently failed to repair. Tell them if they refuse you will not only report their unfair practices to the NY Attorney General and the NY DMV Dealer Licensing Unit, but you will be forced to take legal action against them for the cost of the repairs. Give them 14 days to make payment and if they do not do so, then you need to file your complaints as I said and you would need to go to NY to file suit against them for their negligent repairs in breach of their warranty (implied warranty to do proper work).
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