Legal Question in Consumer Law in California

We purchased a used truck in June. Upon arriving home (one hour drive) the check engine light came on. Our mechanic said it could not have passed smog. We also noticed that parking on a slight hill at our home, the fluids all poured out. Took the truck back, they supposedly took care of the not passing smog issue and put a seal on the transmission but...did not put any tranny fluid in there. Sent us home. Upon getting home, the check engine light is back on. Tranny is having issues. Washed the truck and water poured in the windows. Was advertised with air but that doesn't work, was advertised with cd player but that doesn't work. This car dealer claims to sell only "quality" vehicles but this one certainly is not. Is there anything we can do to just get them to take this truck back? We are paying a hefty car payment and can't even drive it from the day we brought it home.


Asked on 7/27/10, 12:10 pm

1 Answer from Attorneys

Scott Brear Law Practice of Scott Irvin Brear

Check the lemon laws in effect. Google this. These usually apply to cars or trucks that a series of problems such that it would be declared a "lemon". A lemon can be taken back to the dealer. You have not mentioned any warranties that came with the sale. Did the contract say "as is" for example? If so, you would have little recourse, but to sue in small claims for fraud...if you could prove that the dealer knew about the problems and deliberately hid them from you. What you say about the transmission is another matter altogether, because you could show that the dealer was negligent in not properly "sealing" the transmission which consequently leaked. It could now be ruined. The arrangement you have with a bank or credit union regarding payments has little to do with the fraudulent dealer...unless they are one and the same. So, you would probably have to continue paying on the loan regardless of the condition of the truck. Check the sales contract! See what it says about warranty.

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Answered on 8/03/10, 3:25 pm


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