Legal Question in Consumer Law in Nebraska

car problems

bought a car from a dealership. on the hour trip home it stalled and the engine light came on. i took it to a mechanic and there is a list of things that are wrong with it, no catalic converter, hub bearings, sway arm broke, transmission sensors bad and it keeps going on. i called the dealer and he told e good luck with the problem. what can i do?

Asked on 10/04/07, 1:15 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: car problems

It sounds as though you bought a used car. Based on the dealer's response, I presume you bought the vehicle "As-is", with no warranty. If both assumptions are true, then any chance at recovery is probably limited to your ability to prove fraud by the dealer. Fraud is very difficult to prove. You must be able to present evidence, not opinion, that the dealer knew of the defects prior to the sale, that the dealer purposely concealed the defects or misrepresented them to you, and that you were denied an opportunity to have the vehicle inspected by a mechanic prior to purchase. Actually, the defects you have listed are relatively minor and common with used vehicles. It may be a good idea to pay an attorney to evaluate your claim, but if you pursue the matter, it is likely to cost more than the repairs and you may lose. You might also consider small claims court if the total claim is less than $2800, but you would still have to provide the same evidence I listed above. I notice, by your zip code, you are from the Columbus area. That is a pretty small town for a dealership to survive if they have a poor reputation. Perhaps if you talk with the owner of the dealership, without threatening or angry comments, and express your disappointment, you may get a better result. Be sure to list precisely what he needs to do for you to feel satisfied, how much it would cost, and that if he doesn't you would not be able to recommend him to your friends. Think about it from his point of view and treat him the way you would want to be treated.

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Answered on 10/08/07, 12:04 am

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