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I was sold a vehicle from Arizona Specialty Motors with

Customer Question
I was sold a...

I was sold a vehicle from Arizona Specialty Motors with frame damage (rusted all the way through) the vehicle also could not pass emissions the day after it was purchased.

Lawyer's Assistant: What steps have you taken so far?

Just got pictures of the damage and I am preparing statement to the Attorney general's office.

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

A review of the company from BBB revealed a similar case where the frame was covered in epoxy to hide it.

Submitted: 3 months ago.Category: Consumer Protection Law
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3/26/2018
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,470
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.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 3 months ago
2017, a 2006 Chrysler Pacifica (vin # ) was purchased by me from Arizona Specialty Motors, which is addressed at , Scottsdale, Arizona.When I arrived home with the vehicle on the day of purchase, the 'check engine' light lit up on the console. I spoke to mechanic/sales rep CHAD who told me the following;
Bring the vehicle back in; we will look at it and make any corrections. When I arrived, I was given a loaner vehicle and was told that I would be able to get the vehicle back soon. A few days later, I was told by CHAD that the vehicle was ready.I arrived to get the vehicle and the 'check engine' light lit again, this time, before I arrived home. At this time, I noticed that the speedometer now no longer functions (travelling at 30mph registers on the speedometer as 80+mph). I was told that the EGR valve (which is what the scanner unit tells) had been replaced. I was told at this time by CHAD that there was another, comparable vehicle was available for my wife and I to test drive. When we arrived, we were presented with a Lincoln Navigator that was in worse shape than the vehicle were were already in; and they were attempting to sell it to us for even more than the Chrysler was, and the problem still was not repaired.I was told in this meeting by the owners that a 'frank' conversation was had concerning this vehicle but no mention was made of the faulty parts and none of the representatives would tell how the vehicle passed emissions one day and would catastrophically fail the next day (it is common knowledge to disconnect the battery for long enough to reset the system- I was told this by every mechanic we spoke EXCEPT these people). When I asked about the vehicle's reset to pass emissions, all parties for this company got defensive, but would not reveal how it passed, and none would admit to having told of any of these problems.I took the vehicle to another certified mechanic who told me that not only was this vehicle's emissions unable to pass unless the disconnect occurred, but the frame is rusted through and this vehicle should not have been sold with a rusted through frame.that should be clear
Customer reply replied 3 months ago
Will I be able to recoup my money?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 3 months ago

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 3 months ago

Interesting. So, were these issues covered under a warranty or did you buy as is?

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Customer reply replied 3 months ago
bought 'as is' but they still cannot sell in this condition unless we are notified of it being a 'mechanic's special', which we were not, correct?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see, even if the vehicle is as is, this appears to be a violation of the implied warranty of fitness. Under section 2-315 of the Uniform Commercial Code, it says that if a buyer is relying on the knowledge and skill of the seller to furnish suitable goods, and those goods are not fit, then it is a violation of the code.

This also 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.

You may want to consider just writing a formal demand letter that they fix the vehicle or else you may take them to court. You could even throw in a fraud claim if they knew that the vehicle was faulty, but sold it anyway. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. How else can I help you today?

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Customer reply replied 3 months ago
Great. How much would that cost for an attorney to do?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 3 months ago
That actually depends. An attorney may charge $100 an hour to sort this out for you, but you can always do it yourself for free. Did you have any other questions for me?
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