Consumer Protection Law

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I purchased a vehicle July, 7, 2017, used. Today I took it…

Customer Question
I purchased a vehicle...

I purchased a vehicle July, 7, 2017, used. Today I took it to another garage because the check engine light was on & it was not wanting to shift out of first gear. I found out that the transmission fluid was bone dry and ruined the transmission. Is there any law to protect me from this situatiion? How could the dealership I bought it from not know there was no transmission fluid in it unless it was never checked before being sold. The onlt repairs I have had done on it were oil change and and cruise control switch replaced.

Lawyer's Assistant: What state is this in? And how old is the car?

Missouiri, 2011 Jeep Compass.

Lawyer's Assistant: Have you contacted the manufacturer?

No, may I have more information please about contacting manufacturer?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was told it would cost me about $ 6283.51 to replace transmission which includes labor. I still owe $ 9549.11 on the vehicle.

Submitted: 10 months ago.Category: Consumer Protection Law
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Answered in 1 minute by:
9/28/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14,105
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 10 months ago
Are there any laws that can help me?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 10 months ago

Yes, I'd recommend getting a consumer protection attorney to help you out. I'll explain below:

This appears to be a violation of the implied warranty of fitness.. Under the Uniform Commercial Code section 2-315, which has been adopted in part or wholly by every state, it says, “Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.” All this means in plain English is that if a buyer is relying on the seller’s skill or judgment (e.g. if you rely on a lawn mower mechanic’s skill in choosing a blade for your lawn mower), then the mechanic warrants that the good will be fit for its particular purpose (cutting grass). Unless the goods are sold “as is,” then then a violation of that warranty may allow the buyer to recover damages.

This appears to be a violation of the implied warranty of merchantability. Under section 2-314 of the Uniform Commercial Code, which has been adopted wholly or in part by all the states, sellers are bound by the implied warranty of merchantability. What this means basically is that the good(s) that you purchase will generally be acceptable. An example would be if someone purchased a vehicle. A seller warrants that the vehicle is going to be generally acceptable, fit for its ordinary purpose, and be of a generally understood type and quality. A violation of this will ultimately result in damages for the buyer.

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