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Purchased a new vehicle with non-disclosed damage. After

4wks and opening a ticket...
Purchased a new vehicle with non-disclosed damage. After 4wks and opening a ticket with Ford Motor Company, dealership finally responded. Thy never took steps to repair until after 4wks later in which they never contacted us to repair. We had to call multiple times. They repaired vehicle and had it for almost 3wks if this time. Still not correct. Still don’t have a title to license although they were paid in full by lien holder first part of October. I advice on what my next steps should be. They have had my title and paperwork in possession yet never sent to me.
JA: What state is this in? And how old is the car?
Customer: Indiana. New car...2017 Ford Explorer
JA: Have you contacted the manufacturer?
Customer: Opened a ticket with ford and was told the regional
JA: Anything else you want the lawyer to know before I connect you?
Customer: manager would contact me but Ford is not responding at all
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Answered in 5 minutes by:
11/15/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,536
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. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
Thank you for your time. I’m at a total loss

Sure thing. Bear with me a moment...

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Thanks so much for your patience. if they have tried to fix the vehicle, but it is still not fixed, then it is probable that they are in violation of the implied warranty of fitness and merchantability.

Under the Uniform Commercial Code section 2-315, which has been adopted in part or wholly by every state, it says, “Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.” All this means in plain English is that if a buyer is relying on the seller’s skill or judgment (e.g. if you rely on a lawn mower mechanic’s skill in choosing a blade for your lawn mower), then the mechanic warrants that the good will be fit for its particular purpose (cutting grass). Unless the goods are sold “as is,” then then a violation of that warranty may allow the buyer to recover damages. In this case, it is probable that you didn't sell it as is.

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 (you) purchased a vehicle. A seller (the manufacturer or dealer) 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.

Also, if they were trying to fix it, but they did not, then it may be a breach of contract as well.

There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me?

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Customer reply replied 1 month ago
I have filed a complaint with the attorney general. Would u suggest based on info, I let it play out and then pursue if need be?

Yes. The litigation process seems better than it actually is. So, if you can resolve this informally, hopefully getting your car fixed, that's preferred; however, keep this prospect of a lawsuit in your back pocket using these causes of action. What other questions did you have for me?

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Customer reply replied 1 month ago
That’s about it. I already know they’re in breach of contract since I didn’t receive my title paperwork in the time allotted by state law. Thanks so much for ur time

The pleasure is all mine! There’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

  4. Don’t forget to tell your friends about justanswer.com!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience: Licensed to practice before state and federal court
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Legal Eagle
Legal Eagle
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