Legal Question in Consumer Law in Florida

Car Broke down after bought

In May 07 I bought an 02 nissan sentra from a hole the wall dealership that helps people build credit ( I had no credit so this was one of my few options). The car had 75541 miles on it. When I went to pull the car away I noticed that the engine light was on and when I asked what was the reason the salesman said it was probably something to do with the gas cap. I know this my fault for not stopping immediately there and asking them to fix it, but it was my first car purchase. Two months later (almost exactly to the day) I'm driving to my first day of work (I had moved from Port St. Lucie, Fl to West Palm Beach, Fl) I stop at a red light hit the gas when it turns green and the car shuts off. I call the dealer and he says ''bummer, you can bring it back to us but we'll charge you dealer price''. So I take it to a mechanic and he tells me the timing chain broke so I pretty much need a new engine, which is about $3000. Mind you I bought this car on a two year payment plan of $305 a month and 29.35% A.P.R. I need to know is there anything I can do? Don't I have rights as a consumer? All these monthly payments for a car that I'm not even driving. It doesn't seem right I know a lot is my fault but I need help any will do thanks


Asked on 12/14/07, 10:47 am

4 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Car Broke down after bought

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Unfortunately, your rights are minimal. Used cars are sold as is unless the dealer gives you a warranty. Your best option at this point is to file a lawsuit in county court against them for selling you a defective car when they knew it was defective and lying about its condition. You should consult a consumer attorney to discuss your legal rights and options.

Scott R. Jay, Esq.

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Answered on 12/14/07, 11:20 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Car Broke down after bought

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Unfortunately, your rights are minimal. Used cars are sold as is unless the dealer gives you a warranty. Your best option at this point is to file a lawsuit in county court against them for selling you a defective car when they knew it was defective and lying about its condition. You should consult a consumer attorney to discuss your legal rights and options.

Scott R. Jay, Esq.

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Answered on 12/14/07, 11:21 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Car Broke down after bought

See prior answer. I think you are out of luck. As you admit, much of the fault here (if not all of it) is yours.

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Answered on 12/14/07, 1:20 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Car Broke down after bought

I agree. Your best bet is in county court claiming fraud. You would have to have some proof but it is your best chance to see if others have been victimized by this business.

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Answered on 12/14/07, 3:48 pm


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