Legal Question in Consumer Law in Ohio

I just bought a 2008 Kia 2 days ago as is, no warranty. We drove it home and it was fine. Yesterday(day one) the transmission began sipping. Do I have any recourse with the dealer?


Asked on 11/30/11, 3:42 pm

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, much will depend upon the course of your dealings with the car dealership. So long as you purchased the car for your use (rather than as a company car) then it would qualify for the protections offered under the Ohio Consumer Sales Practices Act. This is a rather complicated Act and many a car dealer does not get the process and the paperwork correct during the sale giving rise to causes of action that the buyer may have against the dealer, even if those causes of action have nothing to do with the transmission problems.

Further, if the dealer made any specific representations about the transmission then these might be actionable misstatements under the law. A lawyer well-versed in the CSPA would need to review the documents of the sale though before any meaningful conclusion about your rights could be made.

If you would like to contact me more directly about it, you can email me at [email protected]. I don't charge anything for an initial consultation to see if I can be of assistance.

This response given is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.

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Answered on 11/30/11, 4:23 pm


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