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Do I have any sort of legal case?
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Quote:What was the exact language of the warranty? This is the key. Please review the 90-day warranty that you received from the dealership when you bought the used vehicle. If there indeed is a warranty and was not sold "as is" then in addition to the explicit terms written within the provisions of the Warranty Agreement, you may also be able to cite Implied Warranties and Warranty of Merchantability as described below. Note: Most warranties do state that the only Warranty that applies is the express warrarnties within the Agreement so if that is the case, implied warranties would not be applicable. Express Warranties are those that are "written" into the Agreement and done so to prevent implied warranties or a verbal warranty such as a salesman telling you he'll cover repairs for 6 months when the Agreement only states 90 days. Implied Warranties <p style="color:rgb(0,0,0);font-family:Arial, 'Helvetica Neue', helvetica, sans-serif;">State laws hold dealers responsible if cars they sell don't meet reasonable quality standards. These obligations are called implied warranties — unspoken, unwritten promises from the seller to the buyer. However, dealers in most states can use the words "as is" or "with all faults" in a written notice to buyers to eliminate implied warranties. There is no specified time period for implied warranties. Warranty of Merchantability <p style="color:rgb(0,0,0);font-family:Arial, 'Helvetica Neue', helvetica, sans-serif;">The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong. <p style="color:rgb(0,0,0);font-family:Arial, 'Helvetica Neue', helvetica, sans-serif;">Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case by case. |
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