Detroit, MI asked in Consumer Law, Lemon Law, Small Claims and Criminal Law for Michigan

Q: I bought a car two months ago from an used car dealer. It started giving problems right two weeks after purchase and

engine has to be rebuilt which would cost me double the price of the car and it's just two months since I bought. I had already spent some thousands of dollars on it so far and now this engine replacement has come. The dealer is in Detroit and I stay in Lansing unable to go that far by this car and do a regular commute even. Bought this car on loan which brought my credit score down, so I can't buy a new one now or sell this one off. I am a recent graduate who landed into a good job recently and then this happens making me spend hundreds of dollars on uber everyday. Any help would greatly be appreciated.

Thank you.

1 Lawyer Answer
Adam Alexander
Adam Alexander
  • Consumer Law Lawyer
  • Southfield, MI
  • Licensed in Michigan

A: I would need to review the purchase agreement and finance agreement to give you a more detailed response. However, most used vehicles are purchased "as-is". If you purchased the vehicle “as-is” it means you buy it with all its defects and nonconformities. Essentially, because the vehicle is not warranted, you may not have a legal claim. If there is no warranty as to the vehicle’s mechanical ability, the only potential claim you may have is for fraud, (ie. odometer fraud, title fraud). Most oral promises relating the mechanical ability of a used vehicle are not enforceable in court. So, whether you received a warranty is a critical fact in the analysis.

Finally, if the seller is a licensed dealer, they must have a “Buyer’s Guide” posted conspicuously on the vehicle before you purchase it. This Buyer’s Guide is required by the FTC and includes various notices regarding the vehicle and the warranty or service contract. If there was no Buyer’s Guide, this fact may be used as some leverage to get you out of the vehicle or get it fixed. I suggest you contact an experienced consumer protection attorney in your area to review your situation.

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