Brett Shainfeld's Answers

Bought a used truck.

You do have rights. California lemon law pertains to vehicles that are covered under both manufacturer warranties and dealer warranties. The warranty creates certain rights which the dealership cannot avoid by law. Given that you have given the dealership a reasonable opportunity to repair the vehicle you do have enough to bring a lemon law claim. Additionally, depending on what information was provided to you at the time of sale you may even have a consumer fraud claim. Often times...

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Used car purchased with warranty what recourse do I have

A dealership is required to disclose to a buyer the fact that a vehicle has been involved in a major accident. Given that the dealership is in the business of buying and selling cars they are held to a higher standard, namely, not only what they knew, but what they reasonably should have known. The dealerships failure to disclose this fact equates to a level of fraud, as it is a material misrepresentation of fact, and had the dealership disclosed this fact to you, then you would most likely...

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What kind of claim can i file or what can i do?

You do have rights! If you purchased the vehicle with a warranty, whether it be a week, month or year, that creates certain express warranties and warranties implied by law. If you have taken the vehicle back to the dealership to make repairs you have taken the firs steps. The other option is that if they misrepresented to you the condition of the vehicle. If they informed you that the vehicle was in excellent condition, or was not in an accident, or any other material misrepresentations,...

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I bought a used Ford truck from Dodge. When I took it to a Ford Dealership for repair the VIN wasn't valid & no manuf sticker.

It sounds like you have been a possible victim of consumer fraud. The Consumer Legal Remedies Act (CLRA) protects consumers who are given false information in order to buy a car. This information could be a false vehicle history, rolled back odometer, failing to disclose a prior accident, or even failure to disclose the vehicle was used as a commercial or rental vehicle prior. It is good that you have run a CarFax, but that does not always provide the most updated and recent history. I...

As is car with verbal 90 day warrenty. Am I protected?

A general rule of thumb is a car that is purchased "as is" does not come with any type of warranty. However, you are stating you did receive a verbal 90 day warranty. That would give you both a express warranty and an implied warranties covering the representations made to you by the dealership. The problem comes when you need to prove the existence of this warranty/contract- it is most likely going to be a matter of "He said, she said." The options you have are to request that the...

2004 Toyota Camry Transmission is GONE under 36K miles

Your ability to file a claim against Toyota for problems with the transmission would be determined on whether or not the problems arose while the vehicle was still under warranty. If you or your father took the vehicle in to a dealership for any repairs or problems that relate to the transmission there is a chance that you could bring suit against Toyota for a breach of the warranty.

If a car dealer lies about the condition of a car but it is sold as is do I have any coverage under the law?

This type of case would be for consumer fraud against the dealership. The dealership made material misrepresentations of fact to you about the condition of this vehicle. He told you there were no problems with it. Had the dealership disclosed the true problems with this vehicle, you most likely would not have purchased it all, or otherwise paid substantially less for the vehicle. I would recommend running a Carfax report. This will show you if the vehicle has been in a prior accident, if...

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Is there a Lemon Law for ATVs in North Carolina?

-Fedral lemon law applies to all consumer goods over $10.00. So for vehicles, this includes cars, trucks, SUV’s, RV’s, motorcycles, vans, ATV's and even mopeds. You would have a colorable claim under Magnuson Moss. Contact a lemon law attorney in your state to discuss this matter.

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What are my rights as a buyer of a used car?

You do have rights! If you purchased the vehicle with a warranty, whether it be a week, month or year, that creates certain express warranties and warranties implied by law. If you have taken the vehicle back to the dealership to make repairs you have taken the firs steps. The other option is that if they misrepresented to you the condition of the vehicle. If they informed you that the vehicle was in excellent condition, or was not in an accident, or any other material misrepresentations,...

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Lemon Law or should dealer have to pay?

Your claim would be against the dealer for consumer fraud. For failure to disclose a material fact that they knew or should have know. Had the dealer disclosed this fact you either would not have bought the vehicle at all, or otherwise you would have paid substantially less.