Consumer Protection Law

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I got a car off lot 2weeks ago with as is sticker. when we…

Customer Question
I got a car...

I got a car off lot 2weeks ago with as is sticker. when we got it home it just stop running. Put some money in it got it running But having a lot of codes poping up. I also check rad to see how cold it was good for. Not good at all. water look muddy So I bought flush and anifrezz. When I took off drain plug Rad was full of oil Probly crack head or block. Call him we took car over for his mechanic to look at it. That has been two days, hasn't call back yet. payment on car is almost dew. Still my Son not driving his car. They did want to see car, so they knew something wrong with it. My son owes $10,500.00 onb this car over priced. Is there thing we can do

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

State Ohio Car 2005 Ford mustang

Lawyer's Assistant: Have you contacted the manufacturer?

No, but look up fax on car seen to be ok

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

Just, do we have any case, I hate to pay on dead horse

Submitted: 8 months ago.Category: Consumer Protection Law
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Answered in 23 minutes by:
11/21/2017
Consumer Protection Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,706
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
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Ohio code 1302 discusses the implied warranty of merchantability bit unfortunately the conspicuous use of the words "as is" void any such obligation. The relevant codes arehttp://codes.ohio.gov/NLLXML/ohiocodesGetcode.aspx?userid=PRODSG&interface=OHCODES&statecd=OH&codesec=1302.29&sessionyr=2017&Title=13&datatype=S&noheader=0&nojumpmsg=0One moment please
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Consumer Protection Lawyer: LegalGems, Lawyer replied 8 months ago
http://codes.ohio.gov/orc/1302.27v1The only loophole to this is if the dealer violated the unfair and deceptive business practices act which does not allow a seller to actually misrepresent the condition of the car or engage in any other such misconduct. Unfortunately I could not find case law to the contrary.
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Consumer Protection Lawyer: LegalGems, Lawyer replied 8 months ago
For general information please seehttps://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-548.aspxIf the dealer is concerned about reputation they may be willing to allow a trade for a different car but that would need negotiated. This area of the law definitely needs more oversight as this is not an uncommon occurrence.
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Consumer Protection Lawyer: LegalGems, Lawyer replied 7 months ago

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