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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41221
Experience:  Run my own practice.
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Purchased a 2008 Saturn View from Hyundai Dealer who did not

Customer Question

Purchased a 2008 Saturn View from Hyundai Dealer who did not know that the auto was a recall, told me that it was a one owner car, car fax stated it was two owners, owner was a navy person. The transmission went out within 7 days on the entrance to the freeway and I able to get the car to safe place. I informed Hyundai that the car was a recall and GM would do the work free if they took it to them. But the car has other safety issues which I found out today, not from the Hyundai Dealer, but through my own research. Geico will not insure this car, What is my next possible step. I have a loan to buy a new car and I do not want this recall auto.
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. If I may ask, did you demand that GM take the car back, or not yet?
Customer: replied 2 years ago.
I told Hyundai, not fix the transmission and sent it to the GM dealer to be fixed, Hyundai called me and stated they had transported the car to GM in their local area.
Customer: replied 2 years ago.
But I was not made aware of any other fixable areas. I found out that there are other unsafe issues with this car and it may be a constant repair headache on top of the monthly payment. Geico will not insure the car even after the repair.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hmm, do you believe that the dealer knew of all these defects and simply chose to not disclose, or were they surprised when they found out about the history of this vehicle?
Customer: replied 2 years ago.
I am willing and capable of buying a new car and would rather do that because the car is for a young adult grandchild.
Expert:  Dimitry K., Esq. replied 2 years ago.
I understand, but I am just trying to figure out liability and where it belongs. So please advise based on your own opinion as far as whether or not they knew or didn't know of all these defects.
Customer: replied 2 years ago.
Their liability is not informing about the car's history and deception of the car's operation.
Customer: replied 2 years ago.
Please return your answer
Customer: replied 2 years ago.
Awaiting your answer
Customer: replied 2 years ago.
please answer
Expert:  Dimitry K., Esq. replied 2 years ago.
Sir, I am typing out my response right now. Please wait so I can give you a detailed response.
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, I agree that they may have liability here. My issue is based on how much liability. A dealer has a duty to disclose all known defects with the vehicle, and also all issues that can be reasonably found. If you were able to obtain all this information without much trouble, and they failed to disclose about the second accident, you have a basis for 'material misrepresentation', and also for deceptive trade practices and for breach of warranty (as the vehicle is not fit to be driven safely on the roads, which was the point of the purchase). The next step here is to contact your Attorney General's office and report them via the consumer protection division, ask them to investigate, and potentially pursue fines and damages if the dealer refuses to refund you. And you can also file suit directly for costs and value of the vehicle by claiming breach of contract. Sincerely,Dimitry, Esq.