Legal Question in Consumer Law in Virginia

i have a a similar situation as the breach of contract...

My situation is in the state of virginia....We purchased the vehicle from a dealer and sold to us with a30 day and 50/50 warranty on engine and trans. We are still within our warranty. However we are now having a major engine and transmistion issue. We had the vehicle diagnosted by several specialist in the business. During this time, we came to find out that it was inlegal for the dealer to have sold us this vehicle without VA state inspection or a rejection sticker on the window. Our contract does not limit us to have this vehicle repaired by other service providor. it also does not disclose car inspection or disclouser of any kind regarding the issues this vehicle had at time of purchase.

As a result of all this, this vehicle has been down for two weeks now. I am a contractor and I can possibly start loosing work as a result of not having the transportation. This vehicle is for business purposes. We also discovered that we are in a breach of contract since the bill of sale order and the buyers guide contradint each other. We attempt to settle with the dealer but they are refusing to comply and told us to do what we need to do....Now I am asking for some guidance as to how i should approch this matter. We do not wish to return the truck because the description of the truck fits the needs of my business. we also do not wish return the truck because to find this vehicle with this description was a mission itself. The search for this vehicle lasted for 5 weeks. Not to mention all the traveling, time and frustration in finding it. We have also now sold the other vehicle that was use to conduct business for the meantime. we have put $5000 down and financed in house the other 1/2 remaining balance of $6000. I would appreciate very much any assistance and your time in giving me guidance regarding this matter.....


Asked on 4/11/11, 9:06 pm

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

You should contact an experienced consumer rights attorney immediately.

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Answered on 4/12/11, 4:08 am
Michael Hendrickson Law Office Michael E. Hendrickson

You claim that you're now having "major engine and transmission issue(s)" with

this vehicle and that the partial warranty on these items expires in about

two weeks? But that, irrespective of these apparent problems, you want

to keep this vehicle.

So, make immediate written demand that the seller fix these problems covered under the warranty(if you haven't already done so), and, if the dealer refuses, then "do what [you] need to do", i.e., be prepared to sue on the breach of the warranty and for whatever other violations you can include as counts in your complaint to cover all of your claims for damages incurred from this "lemon-like" transaction.

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Answered on 4/12/11, 7:56 am


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