Q: I recently financed a ‘13 Dodge Avenger from a used car dealership. It failed 2 emissions inspections.
The car has been at the mechanic longer than I have been able to use it and I’m making payments on it for 2 months now without being able to use the vehicle. The dealership refuses to void the contract and insists of wasting more time trying to fix it or selling me a different car with a higher monthly payment (which I would have initially financed if I could afford it). The car has had other several repairs done since first date of purchase such as caliper changers, brake pad repairs and tire replacements and still has other issues that were ignored by the mechanic such as a non functional horn and head light is out. I have reported a complaint to consumer fraud department and I’m waiting to hear back, but the car should have never been sold to me in this condition and I just want to have them take it back and void the contract.
A: It will be necessary to examine the contract you signed, but it seems like an excellent possibility that there is a violation of the NJ Lemon law, the NJ Consumer Fraud Act (which allows for payment of triple damages and attorney fees). An experienced civil litigation attorney should be able to make a very strong case for you. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
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