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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41221
Experience:  Run my own practice.
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I purchased a vehicle from a dealer, and took it

Customer Question

I purchased a vehicle from a dealer, and took it for emissions testing. The vehicle failed, for it did not have the proper equipment to pass the visual inspection. I took it to a shop, and had them install the equipment needed for emissions. The second time around at the emissions testing center I found out that it was the responsibility of the dealer to make sure that vehicle would passed emissions. Since I already paid for the equipment, should the dealer be responsible for reimbursing me the money that I had already spent.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
Yes, the dealer is indeed liable to you. Here is why:
Even if the vehicle you purchased was deemed 'as is' and without a specific warranty, it still had an 'implied' warranty of being fit for a particular purpose, that is, that it was able to be lawfully driven on the local roads in the state where you purchased it. If the vehicle failed because it could not pass inspection, the vehicle would be in breach of this warranty. Hence, you can contact the dealer directly and demand reimbursement. If they refuse, state that you will file a complaint against them with the local Attorney General's office, specifically their consumer protection division, and/or also file suit for costs in small claims for the losses you suffered installing the equipment and the items.
Hope that helps.
Dimitry, Esq.