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I purchased a semi truck from a company. Iowa. They refused…

Customer Question
I purchased a semi...

I purchased a semi truck from a company.

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

Iowa

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

They refused payment from me since February.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ive been contacting them everyday and documented all communication.

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/9/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,233
Experience: Licensed to practice before state and federal court
Verified

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.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 4 months ago
Purchased a truck from a large commercial...
Purchased a truck from a large commercial truck sales company. Average repair costs yearly was equated to $13,000. Truck went into shop first month for $8,000 in repairs. They refused to take it back or exchange truck.Truck was in shop on average every 2 weeks for 10 months on average $2,000 to$3,000 in repairs.Repair was done on truck in September for $3,000 and then in August truck was again in shop for $25,000 repair. They refused to work anything out or even offer me a deferment.11 months into purchasing truck I have about $50,000 in repairs. Trucks value is $45,000.Was told by account manager that I had until Feb 11th 2018 to make my payment for feb 1 2018.Feb 07 I contacted company to make my lease payments. They refuse to answer phones or emails.I have documented and recorded all interactions with them. I was told my account was under review. I called everyday and emailed everyday; that I was contacting them to make a payment and they need to process payments. No reply no answer and anyone I got stated I would be called back by a supervisor. No one ever contacted me.
A second payment is here now and still no way to pay because they are refusing payments.Once they found out I paid the $25,000 shop on truck I was contacted by an individual from their Repossession and transport manager departments. Asking me to forward paid invoice for shop bill.I emailed them I will forward that info when they give me concrete statements on what the current situation is and accept payments that were never late.No reply from them and only voicemails. Still documenting and recording all communication with them.
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Goodness I'm sorry to hear about that. Were these warranty related problems?
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Customer reply replied 4 months ago
All repairs were conveniently not covered by warranty. Used truck with 6 months warranty
Lawyer: Legal Eagle, Lawyer replied 4 months ago
I see what you mean. It seems to be though that the vehicle that you were sold violates the implied warranty of merchantability and fitness. A seller warrants the vehicle will be for for it's ordinary purpose and if you relied on their judgment in the furnishing of suitable goods, then they're on violation. The lemon law only covers vehicles whose problems are warranty problems, but there is also that promise that accompanies the sale of all goods. Moreover, you could sue for breach of contract on the grounds that you didn't purchase the vehicle that was like this. If they made representations that the vehicle had no problems, then uou could also sue for fraud.
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Lawyer: Legal Eagle, Lawyer replied 4 months ago
If you have tried to make payment, but have been unsuccessful, then you could use that to any breach of contract action they may bring against you. What other questions did you have for me today?
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Customer reply replied 4 months ago
The fraud and misrepresentation of this truck is another matter I’m currently looking for an attorney for, but right now I’m faced with the issue of they keep requesting paid invoice without informing me of the situation. Essentially, what I’m concerned about is if they can verify truck is no longer being held by shop fees. They would essentially just send out a repo crew and walk away with a truck that is essentially rebuilt from top to bottom including a brand new Diesel engine.Also, they are reporting to credit reporting agencies I’m dilinguent on my payments.
Lawyer: Legal Eagle, Lawyer replied 4 months ago
They could send out a repo man for the truck if it's past due. The smart thing to do would be to hide the truck until you can get this sorted out to be honest.
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Lawyer: Legal Eagle, Lawyer replied 4 months ago
The fair credit reporting act requires a credit reporting agency only repot accurate information. Thus, if you write to each of them and explain your situation, they may remove the past due payments.
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Customer reply replied 4 months ago
Can you explain the “promised accompanied with the sale of all goods”
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Basically any merchant who sells something promises that the goods are fit and merchantable.
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