If I just bought a used truck and found out it has a bad muffler, what can I do?

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If I just bought a used truck and found out it has a bad muffler, what can I do?

I bought a used truck from a dealership about a week ago and I just noticed that the muffler is bad and the tail pipe is about to fall off. I contacted them about itand they said to come down so their people can look at it and we can “discuss a deductable”. Should I have to pay for this? What action can I take? I want to be well informed before I go there.

Asked on October 22, 2011 under General Practice, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you bought the car used and "as is", you may be in for an uphill battle. Essentially, be prepared when you enter the dealership. Bring someone with you and bring the advertisement and all paperwork you signed and were given when you purchased the car. If it mentioned anything that showed these items should be specifically working, then you need to show that to the dealer. If you actually have documentation to show nothing is wrong with the motor vehicle, that is your best piece of evidence. Otherwise, show that under most state Unfair and Deceptive Acts and Practices statutes, they cannot essentially sell you a lemon and pass it off as a well-oiled machine. If your visit fails, file a complaint with your state consumer protection agency or the local town prosecutor.


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