Legal Question in Consumer Law in Pennsylvania

Automobile sales and warranty

I bought a old car from Dicicco Auto Sales in Philadelphia pa. The sales man said it needs work but it turned out it needed a new engine. I recieved an extended warranty on it for 3 months . I told the sales man I wanted to return the car. The salesman refused to take the car back. Can I go to small claims court to get my 1650 dollars back?


Asked on 8/15/07, 12:28 pm

1 Answer from Attorneys

Maxwell S. Kennerly The Beasley Firm

Re: Automobile sales and warranty

It is possible that you would be entitled to the value of the car if the salesman represented to you that the engine ran. If, however, the salesman merely generally said there were issues, sold you the car "as is," then provided a warranty to fix whatever went wrong on it in those three months, and the engine broken during those three months, their only obligation to do is to pay for fixing that engine (up to whatever amount provided in that extended warranty).

You do not have any inherent right to get your money back for the car simply because it needs a new engine, the issue is if that money should be your's either because the salesman breached their contract with you or they are failing to pay the warranty. Take a close look at both your sale agreement and the warranty to figure out exactly what the salesman is refusing to do and why it would be a breach of either of those agreements. If you can find such a breach in those agreements, yes, you can go to small claims court and demand your money back.

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Answered on 8/15/07, 4:32 pm


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