Legal Question in Consumer Law in California

Car purchase

I bought a 1998 Ford Expedition through a small car dealer in January of 2007. When we took the car home the brakes were really bad so the dealer told us to take it to the shop next door. We did for about seven times and every time the car would sound the same. One day we took the kids to visit great grandma in Tijuana, B.C., on our way back around 8:30 Pm our brakes locked and we couldn't move the vehicle. We were blocking traffic so the police came and called a tow truck which charged us $60 us dollars to tow it to grandmas house. The next day we called the dealer and he had someone go to take a look at it. The bolts from the front brakes were not bolted in causing it to lock the brakes and making the bolt grind into the inside of the rim. The dealer had someone fix it. Then 3 days later the same thing happened in otay mesa,ca. so we called the dealer and he said to bring it in. We did and the guy said when he check it in Tijuana he only checked one side. So the same thing was wrong with the other side. It turned out that the shop next door had forgot to put in the bolts. By that time the dealer had already complained to the BBB that the shop was getting paid for work but not doing it so the shop was closed down.What can be done


Asked on 9/20/07, 11:29 am

1 Answer from Attorneys
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: Car purchase

It sounds like the dealer was paying for the repair work, so you would not be able to recover for the actual repair shop bill. However, you may seek to recoup your other costs due to the inconvenience of being without your car while being repaired- time off from work, etc. If this shop closed down, you probably won't be able to recover from them. Your only option it seems, is to recovery from the dealer. The dealer has a duty to inspect the vehicle and disclose any problems with it before you purchase it. If you realized a problem with the brakes right after buying the car, it is likely this was a preexisting condition. This might lead to claims for fraud and unfair business practices. If you would like to discuss this further, I would be happy to speak with you. Feel free to contact me.

Yours truly,

Bryan

Member, National Association of Consumer Advocates

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Answered on 9/20/07, 11:59 am


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