Legal Question in Consumer Law in California

Used Car had numerous hidden problems

I purchased a car from California a

2003 Mercedes E55 AMG. The looked

great on paper and they told me

everything was great on the car. I

shipped it over to myself in NY to find

out that the car has Repo papers, the

heat doesnt work, the radio doesnt

work, the check engine light is on,

the srs lights is on, screws are

missing from the intake box, the

airmatic suspension is malfunctioning

, the car has been hit in the front

and repaired with non DOT approved

parts as well as parts from

older,higher mileage, same model,

vehicles. Let just say the car is

beyond lemon and beyond the ''state

Implied Warranty'' laws that basically

say the car should have a decent

level of quality ad function. I would

like to return the vehicle to the

dealer for a full refund plus the

shipping money I spent. What are

my options and who should I contact.

Thank you guys so much, I

appreciate it.


Asked on 12/03/08, 1:58 pm

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: Used Car had numerous hidden problems

You may have several avenues of recourse. First, under the Uniform Commercial Code, you may be able to reject delivery if the vehicle does not conform to the contract. However, rejection must be done within a reasonable time after delivery, i.e. the time it takes to have the vehicle inspected for any defects. You may have a breach of warranty claim if you purchased the vehicle from a dealer. If the title is not clear, then you would have a claim for breach of warranty of title. Please contact my office directly if you would like to discuss your situation further.

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Answered on 12/04/08, 12:27 pm


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