Osceola, WI asked in Consumer Law and Small Claims for Minnesota

Q: Hello! Thank you for your time. What can I do?

I bought a used car and was told the AC was fixed(used car lot) when I picked up the car and left the AC blew warm air. I called right away and was told they would take care of it. The owner says he hasn't had a mechanic to fix it and now he says it's been a year and he's washing his hands of it. He still doesn't have a mechanic to fix it. He told me to bring it in today and when I asked what time he said he doesn't have anyone to look at it and he's not gonna take care of it now. What do I do?

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1 Lawyer Answer

A: Present him with a written demand (with a reasonable deadline) to repair the vehicle. Express that you will be taking the vehicle elsewhere if he fails to comply and will be suing him for the cost (and perhaps more.) A letter from an attorney would carry more weight and may be affordable.

Gather all written agreements and correspondence. Get estimates from at least 2 mechanics. If he fails to repair, sue him in conciliation court.

Unfortunately, I don't know the value of the repair or if he has an obligation to fix the problem.

Allowing an attorney to evaluate, organize and draft your small claims or conciliation court complaint may be a wise investment. A well polished complaint or response will not only provide the judge a solid foundation to rule in your favor, but a detailed outline on which to base your oral argument. It would provide you a distinct advantage over the opposing party.

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