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I purchased an 18 wheeler (heavy duty tractor) October 2017.

I purchased an 18...

I purchased an 18 wheeler (heavy duty tractor) October 2017. At the time I also obtained the extended warranty. The vehicle has been having electrical and transmission issues that I have been working on getting fixed, but it has just been over 3 months since I've had it. I obtained a copy of the maintenance report on the vehicle today and notice that it has had previous electrical issues and has been in an accident that was not disclosed to me. I'm just trying to review what options I have available.

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

AR and it is 2011

Lawyer's Assistant: Have you contacted the manufacturer?

I contacted the dealership for the maintenance report. But am not sure if I should contact them or corporate regarding this

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

I think that sums everything up

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Answered in 1 day by:
2/2/2018
insearchoftheanswer
Category: Consumer Protection Law
Satisfied Customers: 57,015
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Good morning. I would certainly contact your seller. . Even though it's a used truck, you still have recourse. A seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the truck. Previously being in an accident and the prior problems are clearly something the seller knew or should have known about and clearly qualify as material items that a reasonable buyer would consider in making their decision. You can tell the seller in buying the truck you were relying upon his duty to disclose anything material he knew. If he does not agree to compensate you for the non-disclosure (i.e., what you would have paid had you known these things), you want to raise the stakes on your seller. In that case, you should send the seller a certified, return receipt requested letter detailing the history and misrepresentation and lack of disclosure and demand compensation within a short specified period of time. Inform your seller that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages. BUT be sure to let him know if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, the seller will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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insearchoftheanswer
Category: Consumer Protection Law
Satisfied Customers: 57,015
Experience: Practicing lawyer for 31 years
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