Legal Question in Consumer Law in Maryland

Misreprensentation

I purchased a new Ford explorer in July 2000. Since that time I have had it in the shop 7 times because it has no power and is very loud. On visit number 5 they informed me it was because of the type of motor . I was never told that there was a choice and that the one I bought had no power. I am commented to sales rep that I would use for towing. Is it possiblee to file a suit agansit them for misreprensentation ? They only put this type of motor

in 20% of there 2000 explorers. This motor has been discontinued and I cannot get a reason why from nobody.


Asked on 3/20/01, 7:27 pm

1 Answer from Attorneys
Alton Drew Alton Drew, LLC

Re: Misreprensentation

Under the Uniform Commercial Code you may be able to bring an action under a claim that the implied warranty of merchantibility or implied warranty of fitness for a particular purpose was violated. Under the implied warranty for merchantibility claim, you will have to show that the vehicle was not fit for the ordinary purposes for which the Explorer was sold.

Under the implied warranty for fitness claim, you will have to show that the seller had reason to know of the particular purpose for which you were buying the Explorer. According to what you have stated, you told the sales rep that you would be using the Explorer to do some towing. It appears that the dealer was aware of your need for power when he sold you the vehicle.

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Answered on 5/27/01, 11:46 am


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