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I moved to Minnesota from the UK recently. I bought a car…

Customer Question
I moved to Minnesota...

I moved to Minnesota from the UK recently. I bought a car last month and it was involved in a 180 spin out collision last week. The insurance company considers it a total loss. Due to the way the car handled (the accident happened at a low speed entrance to merge with traffic on an interstate when it suddenly spun out of control) I think there might be something wrong with the car at the point of sale .g. very old brittle tires. Is there anything I can/should do to claim against the dealer that sold me the car before the car is taken away by the insurance company next week?

Lawyer's Assistant: Do you need to appear in court?

I have a court summons due to driving with a UK drivers license but I believe I can just pay the fine.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Minnesota

Submitted: 8 months ago.Category: Legal
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Answered in 3 minutes by:
11/18/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,461
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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. If you believe that there was some sort of defect with the vehicle, then this appears to be a violation of the implied warranties 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.

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 to the dealer advising that your car was completely totaled because of their shoddy products. 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.

What other questions did you have for me today?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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