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)?
- 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 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.