Expert Advice When You Need It Most

I just bought a used chevy suburban and the transmission went out is there somethin i can do so i dont have to pay 1/2 the repai

the dealer says they will pay for 1/2 the repairs but i've only had the suv about a week and i dont feel like i should have to pay 1/2 of the repairs on something i've only drove for a week is there something i can do?

Save

Attorney answers (3)

Reputation Level 12
Did you purchase a warranty? What year is the vehicle? If you give me this information I may be able to give you information to help you with your issue. The contract you signed may also provide for an arbitration if you have an issue with the dealership. I look forward to hearing back from you.
3 people marked this answer as good

Reputation Level 16
My brother had this exact situation come up last month - except it was a Ford Explorer. Fortunately, he had purchased a private service contract; and the company is actually agreeing to pay money toward the repairs and parts. If you don't have such luck, then you might want to check with your insurer to see what relief, if any, it will provide. Your argument would be that the transmission was working for a week before it went out. Alternatively you could file suit against the dealer.

There are several types of laws that can be used to help you in the event you discover that you've bought a used car lemon. First, the Federal Trade Commission (FTC) has what's called the Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty and other types of information. If the dealer has in any way failed to abide by the FTC Used Car Rule, you may have the basis for a legal claim.

Second, Florida has what is called the Unfair and Deceptive Trade Practices Act. If the dealer has, for example, made verbal promises or didn't tell you about issues relating to your used car, you may have a cause of action.

Third, Florida's version of the Uniform Commercial Code (UCC) may provide you with relief. Inherent in the UCC is the implied warranty of merchantability. As the term implies, the warranty does not have to be expressed in writing. It is a legal concept inherent in all contracts, written or oral, that goods purchased from a merchant will conform to ordinary standards of care and fitness for the ordinary uses of the product. In your situation, you purchased a car from a used car dealer; thus the dealer is a merchant. In order the use the car for its ordinary purpose, i.e. driving, the transmission should be in working order.

Fourth, fraud in the inducement might get you treble damages plus attorney fees.

There could very well be more laws in your favor; but this is outside of my practice area, and you should probably find a consumer protection attorney who is familiar with this field to assist you.

Dennis Phillips, Esq.
Florida personal injury and wrongful death attorney and life member of the Million Dollar Advocates Forum. Negligence is no "accident" (TM). www.inawreck.com
3 people marked this answer as good
Kenneth Brian Schwartz
Kenneth Brian Schwartz, licensed in Florida

Reputation Level 14
You would not be covered under Florida's Lemon Law since you purchased a used vehicle. As the previous responses mention, you may have other rights available to you under Florida's consumer laws depending on the specific facts of the case and the contract you signed.
1 person marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now