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Ask Ely Your Own Question
Ely, Attorney
Category: Traffic Law
Satisfied Customers: 102141
Experience:  Private practice
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Paid cash audi tt…second day with vehicle engine comes

Customer Question

paid cash for 2002 audi tt…second day with vehicle engine comes on…alerted used car dealership …they said take directly to audi here in phoenix…they diagnosed reason for engine light as catalytic converter ($1800)…used dealership asks for me to bring car to them and they will have their mechanic check it out…he concluded its hosed to the converter instead which they claim to have replaced…i receive car back and one day later engine light again goes off…what now?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. Can you please tell me if the paperwork stated the vehicle "as is," or, not?
Any warranty that came with the vehicle from the dealer?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
they provided a warranty that meets the arizona lemon law for used vehicles..15 days or 500 miles which ever comes first
Expert:  Ely replied 2 years ago.
Thank you.
Has it been 15 days or 500 miles?
Customer: replied 2 years ago.
now its been over 15 days…but the first time was well within both
Expert:  Ely replied 2 years ago.
Thank you.
What someone in your situation wants to do is to enforce that warranty. They have to fix the issue if it falls under warranty. If they do not, they may be sued for "breach of express warranty."
If the 15 days/500 miles expire, and the vehicle is STILL in shambles and is simply falling apart, one may have a case under "implied warranties."
When one purchases an item, even if one does not have a specific warranty or it does but it has run out, it comes with a set of implied warranties. These implied warranties are very ambiguous in law by nature.
An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose.
An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold.
Now, both are very subjective and are based on (1) the item's condition at time of purchase, (2) the amount the item was purchased for, (3) how long an item of such nature normally would be expected to last for, and (4) whether or not you waived these warranties by writing.
Courts generally do not like implied warranty arguments for used vehicles, but some parties have been successful. However, one needs to be sure that they did not limit/sign away the implied warranties in the paperwork.
Best of luck.
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