Consumer Protection Law

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I recently purchased a new car, and have since encountered…

Customer Question
I recently purchased a...

I recently purchased a new car, and have since encountered several problems due to undisclosed damage to the car prior to my purchase. I have a document from a certified dealer summarizing the problem. Is the best next step to contact the dealer I purchased the car from and give them the opportunity to resolve the issue or should I seek legal advice first?

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

I purchased the car in Colorado; however, I reside in Minnesota. The car is a new 2017 Subaru Impreza.

Lawyer's Assistant: Have you contacted the manufacturer?

I have not personally contacted the manufacturer. However, a district Subaru service representative looked at my car since the technicians did not know why they were unable to successfully recalibrate the EyeSight. They recommended that I call the dealer I purchased the car from.

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

No, thank you.

Submitted: 10 months ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
10/4/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14,198
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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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 10 months ago

I'm sorry to hear about your situation. Generally, a car that is considered a lemon is going to be one that has a substantial issue that cannot be fixed after a notice to the manufacturer or dealer and the manufacturer dealer has had a reasonable number of attempts to fix the vehicle. Therefore, in your case, if the manufacturer or dealer has already tried to fix the car several times, then you may need to look for a Lemon Law attorney in your area. Usually, the minimum number of attempts that are needed is four. If this is the case, then you may be entitled to a return of your purchase price of the vehicle in full.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 10 months ago
I do not think you fully understood or answered my question. I do not think my car qualifies as a lemon. I attached a document that better explains the situation concerning the damage to the car. Is it better for me to wait for a consultation with a lawyer or should I first contact the dealership and/ or manufacturer and see if the issue can be resolved without legal intervention?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 10 months ago

Hi, let me look at your document...

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 10 months ago

I see what you mean. I would probably consult with a lawyer because this appears to be a breach of contract or a breach of the implied warranty of merchantability and fitness for a particular purpose.. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. A breach of the implied warranties of merchantability and fitness have similar recoveries as well. Did you have any other questions for me?

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