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I bought a car from CarMax on Nov 16 took it back for

Customer Question
I bought a car...

I bought a car from CarMax on Nov 16 took it back for repairs on Dec 13 and have yet to get it back just paid a car note and cant seem to get any answers ask them to give me another car but they want

Lawyer's Assistant: What state is this in? And how old is the car?

In Texas 2016 Ford Taurus

Lawyer's Assistant: Has anything been filed or reported?

Only with CarMax ive talked to Capital One who financed me and they agreed with me

Submitted: 6 months ago.Category: Legal
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Answered in 7 minutes by:
1/9/2018
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,274
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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Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear that the company has kept your car for this length of time.

This appears to be a breach of contract based on the failure to perform within a reasonable time because they have kept it for several months, keeping you from being able to use your car as you would normally be able to. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. 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 all you need to do is click, purchase, and download. Click here to get started.

​What other questions did you have for me today?

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