How can I get the dealer who sold me my car to fix it?

UPDATED: Feb 16, 2011

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How can I get the dealer who sold me my car to fix it?

I went to make a car payment a few weeks ago and was told that I either had to return the car or allow them to put a GPS system on it and I have 30 days to catch up on the payments. When they put the GPS system on the car it was later discovered that the ignition switch and the computer was damaged. That was two and a half weeks ago and since then I’ve caught up on the payments and I’m. still waiting for them to have my car fixed. What can I do about their lack of effort to correct their wrong?

Asked on February 16, 2011 under General Practice, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If they damaged your car while working on it, they have to fix it (either make the fix, pay for the repair, etc.) If they do not, you can sue them to force them to do so; unfortunately, suing them is the only way to make them honor their obligation. If necessary you could sue in small claims court to lower your costs; the action would be based on their negligence in causing the damage while the car was under control. This is not a Lemon Law issue, unfortunately, and so the additional rights or protections built into that law would not apply; it is a straightforward case based upon the dealership's negligence in handling your car. Assuming you can establish that they caused the damage, you should have a good chance of winning if you take legal action. Good luck.

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 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.

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