Legal Question in Consumer Law in Florida

this is a repost but I had to update it

UPDATE: I found my bill of sale and at the bottom there is a check box that says ''sold as is'' this box is not checked. Can I use this to my advantage.

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 75g 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 my fault for not checking it out) 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.


Asked on 12/14/07, 2:12 pm

3 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: this is a repost but I had to update it

That does help -- but still does not provide a warranty (a guarantee of the condition). You might be able to sue if you could show that they knew of the defect and falsely represented its condition to you. That kind of case is very difficult to prove because you must show fraud.

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Answered on 12/14/07, 2:26 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: this is a repost but I had to update it

Yes, if it was not sold "as is" then you have at least an implied warranty of merchanability which means that it is fit for the ordinary purpose. If it broke down right away, it is likely a breach of warranty. You should consult a lawyer or file a small claims suit. Given the financing agreement, you probably need a lawyer. If you like, you may contact my office or a local attorney.

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Answered on 12/14/07, 3:50 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: this is a repost but I had to update it

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.

Although this is better than if they had checked the box, it still does not provide you with a warranty. Used cars generally only come with a 30 day warranty if not provided otherwise. You will most likely have sue upon stated in my first response in order to try and get them to repair the vehicle.

Scott R. Jay, Esq.

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Answered on 12/15/07, 12:01 am


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