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We went to a car company naught a 2006 car Nesson Altima and…

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We went to a...

We went to a car company naught a 2006 car Nesson Altima and was told by the sales person that the car had a full diagnostic inspections we paid $500.00 down payment and we did not test drive the car first and the car had a extremely intense gasoline smell throughout the car we drove home in the car after purchasing the car,then less then a week while driving on the freeway we loss control of the car ,so we took the car to a mechanical shop to have it checked out the mechanic told us that a raked pent bolt was missing from the motor of the stirring Coleman so we called the company to report the problem on 12/07/17 the had there company's tower come and get the car about 6:30p.m. that same knight the company's kept the car a week and stated that they had repaired the problem we drove the car home that knight's when we got up to go to work now the car will not crank and the key is broken in the ignition and they informed us that if we try to return the car they will put this car on our credit and we have not even made the first car payment yet.please help

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

Dallas,Texas

Lawyer's Assistant: Has anything been filed or reported?

We don't know

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

How do we return a lemon car and get our $500.00 back.

Submitted: 6 months ago.Category: Consumer Protection Law
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Answered in 3 minutes by:
12/31/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,467
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. I'm sorry to hear about your situation.

This to me sounds like a classic case of negligence. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand. in this case, it is probable that the failure of them fixing it the first time is enough to give you a cause of action for negligence.

You may also have a cause of action if the vehicle is a lemon, but the thing is you have to return it at least twice for the same problem before it will automatically be considered a lemon. if you do that, it strengthens your case considerably because the law presumes that you are owed your money back. So, so long as you take it back at least one more time for the same problem and if it is not fixed within the first 12 months or 12,000 miles, then you have a case.

Did you have any other questions for me today?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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