Can I take the dealership I bought my car from to court?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I take the dealership I bought my car from to court?

I bought a car that they said needed a lower intake gasket replaced. So I got itreplaced but it turns out that it was the head gasket. I called the dealership and they made a verbal agreement to take the car back and find me a new one for the same price. They told me to continue driving the car in the meantime and now there is an engine problem. The dealership now told me they are not going to do anything but give me $500 for the car; I paid $1800 for it.

Asked on June 12, 2012 under Business Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may be able to sue them for misrepresenting the car's condition or the work that needed to be done to it. It's also possible you'd have grounds for legal action for their negligence in giving in the wrong advice on what to do (i.e. keep driving), assuming you had brought the car to them (i.e. their service department) and so they assumed a duty vis-a-vis it. You might therefore have grounds to recover the cost to repair or the diminution or reduction in the car's value based on their misrepresenations or negligence. It's not clear you would win--no case is ever guaranteed, and the specific facts, agreements (if any) signed, testimony, evidence, etc. is critical to the outcome; that said, from what you write, it would seem to be worthwhile to file a small claims action, representing yourself.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption