Do You Have a Case? Used Vehicle Issues


I am frequently asked by potential clients if they have legal claims related to problems with used vehicles.  The answer to this question hinges on several facts and factors and below I will provide a checklist of the most important of these considerations.  (On a related note and in the spirit of prevention if you are in the market for a used vehicle please, please, please do your homework…..click here for a list of things to do and consider before you make the decision to buy that used vehicle.)

Note the following checklist also can serve as a quick reference tool for fellow lawyers and legal professionals who are seeking to screen potential clients.  For consultation or association feel free to contact me to discuss further.

  • Do you have a written warranty?  NOTE:  A vehicle service contract is not the same as a warranty.  A warranty provides more protection for your vehicle and often affords you stronger legal rights if something goes wrong.
  • Is the warranty provided by the vehicle seller?
  • Is the seller a vehicle dealer (not an individual)?  vehicle headaches...yikes!
  • Does the seller usually sell more than 6 vehicles in a 1-year period?  In other words, can we establish the seller is not a true “Mom and Pop dealership”?
  • Have you experienced a problem or problems with your vehicle that substantially affect the vehicle’s value and/or function?  Examples include issues with the vehicle’s engine, transmission, brakes, steering, electrical, etc.  More minor or cosmetic issues such as stereo equipment, windows, blemishes to paint/body or may not be enough.
  • Have you notified the seller of the problems with your vehicle?
  • Have you kept your own log or notes of the problems with your vehicle?
  • Have you received copies of all repairs and work performed on your vehicle for problems occurring after your purchase?
  • Has
  • Has the seller ever refused a request by you to perform or pay for repairs covered under a warranty?

The more of these questions you can answer with a “yes” the more likely it is you have a case against the seller of a used vehicle.  For a review of your vehicle issues and possible options contact me for a free consultation.

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2 Comments

  1. John these are all good points. Also consumers can hire a vehicle damage appraiser to inspect the vehicle prior to purchase. They can also have an appraiser inspect the car if they think the one they already purchased may have been wrecked and not disclosed!
    Billy Walkowiak, Owner
    Collision Safety Consultants
    6116 Wilkinson Blvd.
    Belmont NC. 28012
    NCDOI & SCDOI Lic Appraiser
    I-CAR certified
    Nationally Certified Child passenger safety technician

    704.747.9337 iPhone
    704.825.0045 fax

    It takes 8,460 bolts to assemble an automobile, but only one NUT to scatter them all over the highway!” contact me for a Collision Safety check. ©

    Billy.collisionsafety@gmail.com
    collisionsafetyconsultants.com

  2. Great advice John! Consumers can also get a pre purchase inspection or if they think the car they already own was in a wreck and not disclosed at point of sale.

    Billy Walkowiak, Owner
    Collision Safety Consultants
    6116 Wilkinson Blvd.
    Belmont NC. 28012
    NCDOI & SCDOI Lic Appraiser
    I-CAR certified
    Nationally Certified Child passenger safety technician

    704.747.9337 iPhone
    704.825.0045 fax

    It takes 8,460 bolts to assemble an automobile, but only one NUT to scatter them all over the highway!” contact me for a Collision Safety check. ©

    Billy.collisionsafety@gmail.com
    collisionsafetyconsultants.com

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