Legal Question in Consumer Law in Minnesota

bought my Kia Sportage from a used car dealership and found out I need an engine replacement due to vehicle being driven with crank pulley retaining bolt loose damaging crankshaft. Timing belt has damage from crank pulley wobbling up & down, The airbag light has stayed on while driving as well. Im getting no resolution from dealership, Is any of that illegal selling practices? I showed dealership the wobbling two days after I purchased and was told by a mechanic not even 2000 miles later that my engine was junk.

Asked on 2/02/13, 10:40 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. Minnesota has a Lemon Law and a strongly worded Used Car Warranty Law, either of which may apply to your situation. Minnesota’s Used Car Warranty Law governs a common issue in car buying, which is vehicle purchases from small, unlicensed dealers. In the event that your situation is not governed by a warranty, then you, the buyer, still have certain rights under contract law. For instance, as a general principle of law, it is illegal for a car seller knowingly to misrepresent the condition of a vehicle to the buyer. You may have multiple options for action. Often having an attorney step-in to assist you can be quite effective in resolution, but, you need to know that attorneys are not permitted to promise or guarantee any particular outcome. I recommend that you confer immediately with an attorney of your choosing. I recommend that you phone several attorneys in selecting a lawyer to help you, because you want to feel comfortable with the attorney and a sense of great trust. Again, do not delay, because a person may lose his/her rights permanently and irrevocably by delay.

Also, it is to be noted as an aside that persons sometimes buy 'extended warranties', which are actually service contracts. Such warranties are high profit items for the dealer due to rigid exclusions and requirements.

Best to you, and please act with no delay.

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Answered on 2/03/13, 6:37 am

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