Legal Question in Consumer Law in New York

Lying Dealer

Two days after purchasing a 2000 Nissan Quest,the front strut broke. We brought it back to the dealer who said he would fix it,but didn't have the part,he needed a week,we should call every couple of days to check. The dealer told my wife that the car was safe to opperate,with the deffective strut, i investigated and was told by a certified mechanic that the car was unsafe to drive. I have an undrivable brand neww vehicle. What legal corse of action can I take. Thank you.


Asked on 4/12/00, 12:05 am

1 Answer from Attorneys

Neil Ackerman Ackerman & Gallipoli, LLC

Re: Lying Dealer

Hi.

Sounds like your dealer is violating the state's lemon laws. But let's try to come up with a practical solution which would resolve this quickly and cheaply for you.

Write a letter to the dealer, certified mail, return receipt requested. Confirm all that occurred (dates; his promises; his statements that you can drive it; your mechancie's statements; his lack of doing anything). Keep it just6 to the facts (I find that it's easy to do this when I write a letter saying "this is to confirm..." and then just write "1", "2", and put each thing in a paragraph. Include exhibits. Keep a copy of your letter. Tell the dealer in it that he's got one week to fix it, or a copy of this letter goes to the car company, Better Business of LI, Newsday (the guy in the business section who deals with consumer's problems), The News and the Post. If no response in a week, send copies out with a cover letter and the green receipt card of the letter to all.

Let's see what happens then.

I'll bet it never comes to the letters after the week, but if it does, you'll get relief.

All other letter should also be sent by certified return receipt requested mail. Keep copies of all.

If, on the odd chance you get no satisfaction after three weeks after you send out the letters to car co., Newsday, Better Business, etc., retain an attorney.

Good Luck!

Neil Ackerman 516-228-8245

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Answered on 4/23/00, 7:48 pm


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