Legal Question in Consumer Law in Delaware

consumer done wrong

I recently won a auction on ebay for a 89 van. There was nothing described as wrong with it , and it said it ran an drove good . So, after winning i got my insurance changed over to it and went to pick it up . It was being sold by a man at an automotive place . Next morning i go and pick it up , guy tells me it's a good driving van . Well I didn't make it home in the van that morning. I was almost there, driving down a street with a 50 mph speed limit when the van starts shaking uncontrolably and i see the wheel go rolling down the street . If I didn't regain control of the van i could have seriously been hurt . After retrieving the wheel from a field where it had rolled i got a ride and ended up getting the van home. I took the van down to the mechanic the next day and had it looked at and the rear is broke and needs to be replaced. I called the guy who i got it from and he agree to have it fixed . now he doesn't return my calls and it has been sitting at the mechanics , undrivable, for 3 weeks now. Is there any legal action i can take ? Is that some form of negligence?


Asked on 2/18/04, 6:10 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: consumer done wrong

Used cars are sold as is. You bought a lemon,--but lemon laws usually don't apply to used cars. The dealer was under no obligation to sell you a working vehicle. In most states, it was your obligation to check it out thoroughly.

If, however, you bought a warranty, then you are entitled to have the car repaired according to it's terms. if you need to sue, you can choose whether to do it in your homestate or the dealer's since there is likely to be found jurisdiction in either place.

Read more
Answered on 2/18/04, 6:49 pm


Related Questions & Answers

More Consumer Law questions and answers in Delaware