I got a brand new ford explorer 2013 at around 9pm exactly 5 days ago. The car has been jerking and I feel like I bought a used car and got a horrible "deal". The dealer didn't allow me to test drive the car because they were closing. I was in and out of the dealership in less than 30 minutes. Help!
There are two potential bases that could support unwinding a deal. The first depends on whether you have a viable lemon law claim. In your case, if you bought a brand new 2013 Ford, it would be covered under warranty, which is necessary to pursue a lemon law claim. Moreover, the severity of the problem will be another determining factor on whether you have a viable lemon law claim. If, for example, the jerking is substantial and affects the vehicle's use, value or safety, then you may have a basis to unwind because the vehicle is unmerchantable and/or if you couldn't fix the issue after a reasonable number of repair attempts.
The second and separate basis for potential rescission depends on whether the dealer made any actionable misrepresentations to you during the sales transaction. Refusing to allow you to test-drive the vehicle is a red flag. Further, an experienced lemon law/dealer fraud attorney can also determine if there are any other potential ways to unwind the deal by reviewing your sales documents to see if they were correctly drafted.
Best thing to do is schedule a consultation with a qualified lemonlaw/dealer fraud attorney. My firm specializes in these types of cases and would be happy to discuss this further with you. There are also several other excellent attorneys in California as well and, in any event, you should contact someone immediately to assess your potential claims. Good luck.
DISCLAIMER: This reponse is for informational purposes only and cannot be treated as legal advice. Legal advice depends on the specific facts of the particular matter at issue. Accordingly, you should not rely on or act on any information provided herein without consulting with legal counsel that is licensed to practice law in your jurisdiction. This response does not create an attorney-client relationship between you and the Law Office of Arthur J. Obolsky.
Personal Injury Lawyer
You need to look for a local lemon law attorney ASAP before contacting and/or speaking with the dealership. Look right here on www.avvo.com
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Obviously, you are regretting this deal and really should not have made the purchase without driving it. The failure to allow you to test drive rings alarm bells, as dealer may well have known something about this vehicle. I wonder if dealer also cheated you IN the contract, which they often do. Feel free to contact my office. We handle lemon law and auto fraud matters statewide and can review your paperwork at no fee.
Lemon Law Attorney
There's an old saying in the car business, "nobody gets out of here alive today" and it looks like you didn't (alive means without buying a car, to them). Getting in and out of a car dealership in under half an hour must be a record. See a lemon law lawyer near you asap. The sooner the better. You can find a list of them in CA at www.USLemonLawyers.com - they don't pay to be listed at that web page and most of them are members of the only national group of consumer protection lawyers in the US, Naca.net. Good luck.
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you