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Is there any recourse toward a seller (dealer) on a used vehicle when implied repairs made before sale are found to be faulty?

Asked almost 3 years ago - Akron, OH

I recently purchased a used truck from the owner of a repair shop. I was informed at the time of purchase that he had just had the transmission replaced and also the brake calipers. My son who is taking auto repair in high school noticed that the brake shoes were worn more than he was comfortable with and replaced them. Upon backing out of our steep driveway he lost all use of brakes. (hydraulic line not tampered with by my son was improperly attached to the new calipers-certified affidavit by A.S.E. acquired) this resulted in a near fatal accident when the truck couldn't be stopped before rolling into traffic and my son was T-boned in the drivers door totaling the truck less than 2 weeks after getting it. Is there any recourse toward the seller on faulty work can we get our money back?

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Attorney answers (2)

Elizabeth Taylor Herd

Reputation Level 14

Answered almost 3 years ago. Medical Malpractice Attorney in Tampa, FL.

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I am not licensed in OH, and can offer you only general advice. However, I would call a local personal injury lawyer and forget about suing the seller under the contract for purchase. I am not totally certain that the seller and the mechanic are different people, but when you say above that the seller owned a repair shop and had the transmission and brakes replaced it sounds like he hired someone to do that. If that is the case, I would ask a local lawyer about suing the certified mechanic. You probably purchased the car as is, but by suing the mechanic and his business you can make the seller a good witness for your claim.

If they are not two different entities I would inquire of a local lawyer about suing the seller in a fraud or nelgience claim for your son's personal injuries.

Betsey Herd
Tampa, Florida

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Ronald Lee Burdge

Reputation Level 17

Answered almost 3 years ago. Lemon Law Attorney in Dayton, OH.

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Sounds like you have a case against the seller but with the personal injury complication to it, I agree with Elizabeth that you need to see Personal Injury lawyer, preferably one who has knowledge of car sales law too. In Akron you do have a couple of good choices that I know of, Laura McDowall and Dean Young come to mind, and there are probably others too. Call your local attorney bar association and ask for a referral to a Consumer Law attorney who also handles personal injury cases. Keep in mind that for every legal right you have, there is only a limited amount of time to actually file a lawsuit over it in court or your rights are gone and there is nothing that can be done to help you; so, don't wait too long. On the sales aspect of your case, that's 2 years but on the personal injury aspect it could be only one year.

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