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Paul Cassel wrote in
: I agree with you in principle, but here the dealer said the engine was in fine shape and it wasn't. I think the OP should advise the dealer of the deficiencies to see if the dealer, due to general policy, will address or at least diagnose the problem. One wonders, aloud, if these statements from the dealer's people didn't create an "implied warranty of merchantability" making these loose statements to you.....?? http://www.ftc.gov/bcp/conline/pubs/...ts/warrant.htm In the part about implied warranties, even if there is no written warranty, it says: "Implied warranties are created by state law, and all states have them. Almost every purchase you make is covered by an implied warranty. The most common type of implied warranty—a "warranty of merchantability," means that the seller promises that the product will do what it is supposed to do. For example, a car will run and a toaster will toast. Another type of implied warranty is the "warranty of fitness for a particular purpose." This applies when you buy a product on the seller's advice that it is suitable for a particular use. For example, a person who suggests that you buy a certain sleeping bag for zero-degree weather warrants that the sleeping bag will be suitable for zero degrees. If your purchase does not come with a written warranty, it is still covered by implied warranties unless the product is marked "as is," or the seller otherwise indicates in writing that no warranty is given. Several states, including Kansas, Maine, Maryland, Massachusetts, Mississippi, Vermont, West Virginia, and the District of Columbia, do not permit "as is" sales. If problems arise that are not covered by the written warranty, you should investigate the protection given by your implied warranty. Implied warranty coverage can last as long as four years, although the length of the coverage varies from state to state. A lawyer or a state consumer protection office can provide more information about implied warranty coverage in your state." This is from the Federal Trade Commission, the people tasked with enforcement. It's not just a good idea, it's the LAW! 15USC50 section 2300. Most interesting reading. What state are you in? Those listed above prevent businesses from selling to consumers "as is", under any circumstances. His making oral statements to you that this engine is in fine running condition, especially in some states, creates all the warranty you need to force him to fix it to the status he promised....(c; If you're going to buy something expensive, even used, it's a great idea to record any conversations with the sleazy *******s as well as have a friend, who is not related to you, "casually listening" as a witness for the court hearings. "Yes, your honor, Salesman Jeffries clearly said this Plymouth Neon was in perfect condition and would run without trouble." Salesman Jeffries, of course, was lying through his teeth. He knew the clutch slipped and it wouldn't start most mornings, the sleazy *******. "Here's what he told me, your honor.", he said clicking PLAY on his tiny MP3 recorder for the court to hear the sales pitch....(c; The look on the dealer's face?........PRICELESS. |
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