Legal Question in Product Liability in Illinois

my daughter bought a 2007 saturn vue hybrid from a toyota dealer on 1.2. one day later the car died in the street. back to toyota who ended up sending it to a saturn dealer to fix becuase they couldn't find what was wrong. they had it approx 5 days replaced battery. two days later the check engine light went on. back to toyota who sent it back to saturn. approx 6 days later - lights not coming back on, can't find anything wrong. got the car back and about 4 days later the check engine light back on. took car to autozone to get a free computer report of why light is on then back to toyota who looked at report and said we can fix that (fuel injection or something). they still have it. yesterday 1/27 she received in mail first car payment that IS DUE 2/1. no time to even pay on time. does she have recourse to say take money off bill or take car back


Asked on 1/28/10, 8:26 am

1 Answer from Attorneys

Not enough facts:

1. There is normally a 3-day right to rescind and that's way past, so she may have blown her chance to take the car back.

2. No indication if there was any warranty -- even used car dealers give a 30 day warranty, but she may have bought it AS IS. There may be some factory warranty left -- MAY BE -- (3/36 means from the day the car first was put in service -- Not from 1/1/2007, but very possibly from sometime in the fall of 2006 if the car was first purchased then), which means the warranty ended BEFORE she bought it. If the warranty was longer, or if it has a powertrain warranty (say 10/10K) part or all of it may be covered.

3. No indication who financed the car: if it was just a car loan from some place you generally can't deduct repair costs. In fact doing so could allow the lender to call the loan completely, repossess the car and sue your daughter (and anyone else who signed on the loan) for any deficiency between the amount due on the loan (PLUS costs of collection, etc.) LESS the proceeds of sale/junking the car (PLUS costs of repossession, etc.).

4. Why bring a Saturn to Toyota or Autozone?

5. How old is your daughter? If she's a minor she may be able to get out of the deal not matter what, but unlikely.

6. Take the car back, try every approach possible, nice at first, imply possibly complaining to the Illinois Attorney General Consumer Fraud Division, see it they'll trade for another car of equal cost, be as reasonable as possible, and if they refuse any kind of deal find an attorney immediately.

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Answered on 2/05/10, 3:21 pm


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