If I purchased a used car and was promised a repair to a window, what doI do if it has not been properly made?

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If I purchased a used car and was promised a repair to a window, what doI do if it has not been properly made?

I purchased a used car from a dealer “as is”. The button for the window was broken. He stated that he would repair it and wrote it on the contract. Now that the button has been fixed the window still does not work. It’s been 3 weeks and I still have paper tags. He wants me to pay 1/2 for the repair, stating he was only going to fix the button not the entire window. Did he mislead me and do I have a case against him?

Asked on April 18, 2011 under General Practice, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is exactly what was agreed upon. If the agreement was the window would be fixed so it would work, then the dealer has to honor that agreement. If the agreement was only to fix the button and he did that, then even if there is another problem with the window, the dealer has fulfilled his obligations under the agreement. If you and he disagree, you could litigate about it (i.e. sue), though its questionable about whether that is cost effective. Iit may be the case that footing 1/2 the price of the repairs is the most cost-effective, pragmatic option--and if there is legitatime confusion or disagreement about what was agreed to, it might also be the most equitable or fair outcome.


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