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Roger, Attorney
Category: Legal
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my sister bought a car on the 20th of last month(used) at JD

Customer Question

my sister bought a car on the 20th of last month(used) at JD buyrider it has 2 times been down there for bad struts and a wheel bearing problem..both can be problems that can cause an accident that is life threatening..she took it to her personal mechanic and he also agreed these were bad and needed replaced immediatley. JD buyrider says the car is fine..she told them to take the car she bound to the payment agreement and forced to keep this lemon..ohh was shooting out from the bottom of the vehicle ;the origin of that has yet to be determined. she has a 36 month 36,000 mile bumper to bumper including things with wear and tear such as wheel bearings....doesnt she have 30 days to return this lemon? we are in west virginia.
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.
Hi - my name is Kirk and I'm a litigation attorney. Thanks for your question.

Was the car new or used?
Customer: replied 4 years ago.

it is a used car..2007 chevy cobalt they charged her way over booking price with 3 different papers with 3 different prices on them and they had to sign them all..

Customer: replied 4 years ago.

I forgot to tell you after finance charges the cost of the vehicle..a 2007 basic cobalt was over 20,000. can they charge over the book value and over 20 percent finance charges in the state of West Virginia?

Expert:  Roger replied 4 years ago.
Ok. Thanks.

If the vehicle is used, your state's lemon law would not apply as it only applies to new vehicles. However, if your sister bought a vehicle with problems that were intentionally concealed by the seller, then you would have the right to sue for intentional misrepresentation and seek to reverse the transaction/cancel the transaction.

However, she doesn't have a right to cancel under any law, so she would have to sue for and prove fraudulent/intentional or negligent misrepresentation and seek to cancel the contract. IF she can prove that the vehicle was misrepresented to her and that that they concealed this to her, she should have a very good opportunity to cancel the contract and get her money back.