Davenport, FL asked in Uncategorized for Florida

Q: Do I have a case against Mercedes Benz if they sell me a faulty certified pre-owned vehicle?

Hello, I have a situation that I'm in that I'd like to some input on. I recently financed a used vehicle with Mercedes Benz dealership. The next day, I had to return the vehicle due to the engine shaking while driving. They held the vehicle for weeks expressing that they were waiting for a new part to come in to replace it and return the vehicle to me. Please keep in mind that I moved from Miami to Orlando during this ordeal, so it would be an inconvenience to have to return to Miami to retrieve the car. I also started a policy with Progressive on the vehicle. I recently was notified by MB that they have to wholesale the vehicle and it is no longer drivable. They found me a new vehicle to finance, however it is $100 more a month than the previous car, and I also have to pay hundreds of dollars to cancel my current Progressive policy and transfer the new car over to it. Do I have a case?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like you may have grounds for a case against Mercedes Benz if they sold you a faulty certified pre-owned vehicle and were unable to repair it, leading to additional financial burdens for you. When a dealership sells a certified pre-owned car, it generally comes with assurances of quality and safety. If the vehicle was not in a condition that met those standards, and the dealer could not fix it promptly, they might be in breach of contract or warranty.

Additionally, the inconvenience of needing to return to Miami to retrieve a replacement vehicle, and the added cost of a more expensive vehicle, could be seen as unfair or unreasonable. The fact that you have to pay more per month and incur costs to transfer your insurance adds to the argument that the dealership's actions have caused you harm. You may want to gather all relevant documentation, such as your original sales contract, any communications about the repairs, and proof of additional costs incurred.

You might consider reaching out to a consumer rights attorney or legal aid service to explore your options for compensation or relief. If you feel the dealership's actions were misleading or they failed to deliver on their promises, you may also file a complaint with the Better Business Bureau or your state's consumer protection agency.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.