Refund of purchase price and costs from car dealer who did not disclose defects

Question Details:

Check engine light on when car purchased; dealer suggested putting premium gas in tank. Did so, light was still on. Car was shaking and had knocking sound as well. Mechanic said spark plug coils needed to be changed (something which would have been done when serviced, like dealer promised he would). 6 days later, car broke down; towed it to my apartment. Did not start the following morning; towed it to mechanic. Mechanic said I needed a new engine for $3000-$3500. Spoke with dealer who had me tow the car to him and eventually said he would not compensate me but he could find an engine for me.

Asked 11/11/2009 under Business | 182 View(s) | More Legal Topics

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Business Law Answers

I'm assuming you bought this car with no warranty, because otherwise you'd obviously be looking to enforce that.

If you can afford an attorney, you might want to see if there's a chance that you can revoke your acceptance of the car under the Uniform Commercial Code, which is the statute that has very elaborate rules for commercial transactions.  It may be a bit late in the game for that, however.  Otherwise, you might seriously consider accepting the new engine, as long as it's purchased and installed at the dealer's expense.

One of the problems you would have with this case, in court, would be if you drove the car for six days with the bad spark plug coils, because that might have caused the damage that made a new engine necessary.

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