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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 129496
Experience:  Attorney experienced in commercial litigation.
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I purchased a used car on 3-3-18. Knowing the car had a

Customer Question

I purchased a used car on 3-3-18. Knowing the car had a rebuilt title. The dealer said it had been repaired by a certified mechanic. Two days later the air bag system light came on. Long story short the air bag module and drives air bag need to be replaced. The dealer was very helpful in getting the car repaired until the were told the estimate was $3,426. Now they are hard to reach by phone and I’m not sure my legal rights, since I purchased a car without the proper safety equipment.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I’m in Oregon. I purchased the car in Idaho. No I have not contacted any legal help thus far
JA: What steps have you taken so far?
Customer: Just spoken to the dealer customer services
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just my rights to get this car fixed
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Josie-Mod replied 7 months ago.
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 7 months ago.
Hello. I will continue to wait.
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

A purchase of a used vehicle is deemed as is unless you received a written warranty to the contract of warranty to the contrary. Thus, when you buy a rebuilt vehicle if that was disclosed to you then you bought assuming the risk of hidden defects. If they gave you a certified warranty, then you could seek to sue in small claims for the cost of the damage, but you have to prove the seller knew or should have known of the defect when they sold it to you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 7 months ago.
Another question. The dealer was made aware there were air bag issues with this car on 3-7-18. The dealer held off funding the car through the bank until 3-12-18. Wouldn’t this prove they were aware of the issue of the safety systems?
Expert:  Law Educator, Esq. replied 7 months ago.

Thank you for your reply.

You have to prove that the dealer knew on 3-3-18 about the airbag problem before he sold you the car for you to claim breach of warranty of merchantability or breach of the warranty of good faith.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.