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Deborah Gwen Roher
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Deborah Roher’s Answers

1,079 total


  • Do I have any rights to recover my money from Car dealer who sold me broken car transmission, after warranty period ended?

    I bought a 2005 chrysler pacifica 2 months ago from a dealer and dealer gave me 30 day warranty. Everything was OK with the car till 60th day but on 60th day I started having issues with Transmission/gear shifting. I called dealer and told him abo...

    Deborah’s Answer

    You are not likely to win if you sue the dealer. It's a 10-year-old car, things go wrong, and how do you think you can prove the dealer knew that the transmission was faulty at time of sale?

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  • Can I sue a small private company for its failed car delivery and them refusing to refund?

    My dad needed to send a car to me, so we looked into companies that could help us bring the car from Mexico City to Massachusetts, and found a small private company through Uship, an online marketplace for shipping services. I booked the shipment...

    Deborah’s Answer

    This depends on a lot of factors. Where are Uship and the shipper located? Are they registered to do business in Mass.? Did they invite business in Massachusetts? If not, you may not be able to sue them here but only in some faraway state. What does your contract say about where you can sue, or whether you even can sue? You may have agreed to use arbitration. Does this company have any assets? Bottom line, you invite problems using an unvetted third party to conduct interstate or even international business.

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  • Does cashing the check imply a settlement agreement and prevent me from pursuing the rest in court?

    On 11/19 I put down $1300 for a vehicle at a small car dealership. The car failed inspection and we brought it back and were ensured it was only an emissions issue and to keep driving the vehicle. the owner ensured me the shaking was due to the wr...

    Deborah’s Answer

    I'm not sure I understand what the other $400 is for, but in any case, if you cash the check and then sue the dealer, he will claim that the money he offered you was in settlement, because what else would it have been for? It's not worth inviting a side-fight about this issue if you intend to sue the dealership for a refund and/or enhanced damages under the Consumer Protection Act. On the other hand, how much time and money do you want to spend fighting over a $1300 car?

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  • Lemon law loop holes please help.

    I need to know if there are any ways to get my car covered under lemon law if the third attempt to fix the same issue was just passed 15,000 miles? it is a safety issue. The car is new.

    Deborah’s Answer

    it doesn't matter that the mileage has now passed 15,000 as long the problem was called to the attention of the manufacturer within the 15,000. But since you are obviously having trouble enforcing your rights by yourself, you should consult a consumer protection lawyer experienced in car issues. You can find one near you through the National Association of Consumer Advocates, www.consumeradvocates.org.

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  • Need help with a used car dealer.

    A week ago. I put a down payment. Signed the papers. For a week I kept calling the dealer asking for a status update on getting my new used car." they are waiting for the bank to deposit money." By end of the week I called and asked for my down pa...

    Deborah’s Answer

    A car dealer unable to consummate the sale, claiming that your car has been stolen, and then refusing to refund a down payment, does not sound like an accident or an isolated occurrence. To get the full measure of relief appropriate to a dealer that deceives customers, you will need to hire an experienced consumer protection lawyer. Find one near you through the National Assn. of Consumer Advocates, http://consumeradvocates.org.

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  • What action can be taken against a used car salesmen refusing to fix a problem they caused? As well as setting back the Odometer

    Down payment was paid in full Sept 8, car was held 2 weeks to "fix" gas tank. It was not fixed, I drove the truck for 2 days and sent it back to get fixed. a week and a half later, I went to pick up the truck and the salesman said I couldn't pic...

    Deborah’s Answer

    When you buy a car that turns out to have many things wrong with it, you often need to decide whether your goal is to be compensated for fixing the defects or to cancel the transaction. A lawyer familiar with consumer protection laws can help walk you through how each option would work. I agree with my colleague that tampering with the odometer is an indicator of a dealer who can't be trusted, but I guess I don't understand why a dealer would set an odometer back after the customer has already purchased the car and started the used car warranty running.....

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  • I bought a truck in July. Its been in shop 3 times. The dealer breached warranty.

    What should I do? Hire atty to send consumer protection demand letter? Should I demand my money back? Or can I make dealer give me new truck?

    Deborah’s Answer

    You need to consult a qualified consumer protection lawyer to explore the particular facts, advise as to your options, and help you decide how to proceed. Find a lawyer experienced in automobile warranty or lemon law cases through the National Association of Consumer Advocates, www.consumeradvocates.org.

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  • Dealer sold faulty car, refuses to refund money.

    I purchased a car through a dealer, vehicle was described as problem-free, guaranteed to pass inspection. After a week, the car started making odd noises and the engine light indicated the car had to be "checked in." I took the car to a shop where...

    Deborah’s Answer

    It sounds as though you are dealing with a crook. "Repossessed the car"?? You will not be able to solve this problem by yourself. Find a competent automobile fraud lawyer through the National Association of Consumer Advocates, www.consumeradvocates.org.

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  • Do I need to seek legal action against the independent dealer I bought a used car from?

    They have taken advantage of me (female) since I bought and started having issues with the vehicle. Every time they bring it to a mechanic they opt for the cheapest fix- not fixing the actual issue- just to get me out of the warranty (car had ~350...

    Deborah’s Answer

    It's not out of warranty if the same problem you identified during the warranty period hasn't been fixed yet. You should contact the NACA referral service (www.consumeradvocates.org) for a consumer protection lawyer near you. However, the disappearance of the paperwork may be a problem. In future, don't ever leave important documents like this in the glove compartment, especially when car is in the custody of someone who has already given you reason not to trust him.

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  • MA Lemon Law - instrument panel for car broken at purchase

    before buying the car, i was told the dealer (small dealer) would replace the brakes (they did), front shocks (they did) and the alternator (they did) but when i paid for the car, the repair guy said the dashboard shorted out when he replaced the...

    Deborah’s Answer

    I agree with previous responder that you may have tied your own hands at least temporarily by agreeing to drive the car while awaiting repair. However, the commercial law does recognize a concept of "revoking acceptance" of goods based on events that happen after the initial taking of possession. If the dealer does not make good on its promise within a reasonable period of time, you may want to get a consumer protection lawyer involved. Find someone in greater Boston who handles car cases via the National Assn of Consumer Advocates, www.consumeradvocates.org.

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