What are my rights if I bought a used car from a dealer who did not fix it as promised?

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What are my rights if I bought a used car from a dealer who did not fix it as promised?

I bought a truck last month and the dealer said they were going to fix everything on it. I signed a contract stating that the truck would have warranty for 30 days or 1000 miles. I took the truck in about 3 times for the dealer to fix the problems that I was having with it but they didn’t fix anything; they pretty much waited until the 30 day warranty to be up. I directly spoke to the mechanic and he stated that nothing was checkede on the truck and that in order for me to fix the truck it would cost me over $3,000. Is there anything that I can do in regards to them not fixing the truck?

Asked on April 19, 2011 under General Practice, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

California happens to be a state that offers more than most coverage for used cars in a lemon law situation.  And the fact that you have a written warranty is a big plus here.  There is a law known as the Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) that although it appears to cover new cars that are "lemons," it covers used cars where there has been an express  written warranty provided.  There are also other laws that will help cover you since you bought the car from a dealer.  There are also contract protections like fraud and misrepresentation.  I would start by contact the state Attorney General's Office consumer fraud division and then decide if an attorney would be a good idea.  Good luck to you.


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