Legal Question in Business Law in Nevada

I think I got ripped off.

I bought a car from a car dealer and 1 month after I bought it the drivetrain locked up in traffic and i had to pay to get it towed. The dealer fixed the problem but didn't tell me what had happened. Then about 3 or 4 days after that the engine blew and now the dealer won't give my money back and when i try to speak to the salesman he yells and hangs up the phone. Can i sue them?


Asked on 7/15/02, 10:37 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: I think I got ripped off.

Can you sue? Sure! Can you win the suit and collect damages? Well . . . that depends on the strength of your evidence.

What you will need to prove is that the vehicle failed because it was defective from your date of purchase or the dealership did something negligently (like, failed to recognize a clearly obvious problem that should have been corrected prior to releasing the car to you).

In order to prove these assertions, you will need the testimony of an expert (an ASE certified powertrain mechanic, for example) who flatly states (it could be a sworn affidavit for small claims court) that the failure of the engine could not have occurred but for the negligence or fraud of the dealer. You will need to overcome the obvious defenses that you misused the car (raced it or failed to properly maintain it, etc.) or failed to bring the problem to the attention of the seller in a timely manner. This will, of course, require that your expert thoroughly examine the car, and the best guy would be the one who tears down the engine to rebuild it.

If you succeed in finding someone who is qualified to reach such a conclusion and clearly state it, his affidavit may be enough to motivate the dealer to refund your money or to participate in the cost of the rebuild to avoid litigation. Don't forget to claim ALL your damages, including loss of use of the car during its down time for repairs.

Good luck in your search for a qualified expert and assertion of your claim to the dealer. Based on your final comment, I would recommend bypassing the uncooperative salesman completely, and talking only with the sales manager or owner of the dealership.

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Answered on 7/16/02, 12:53 pm


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