Do You Have a Case? Used Vehicle Issues

I am frequently asked by potential clients if they have legal claims related to problems with used vehicles.  The answer to this question hinges on several facts and factors and below I will provide a checklist of the most important of these considerations.  (On a related note and in the spirit of prevention if you are in the market for a used vehicle please, please, please do your homework…..click here for a list of things to do and consider before you make the decision to buy that used vehicle.)

Note the following checklist also can serve as a quick reference tool for fellow lawyers and legal professionals who are seeking to screen potential clients.  For consultation or association feel free to contact me to discuss further.

• Do you have a written warranty?  NOTE:  A vehicle service contract is not the same as a warranty.  A warranty provides more protection for your vehicle and often affords you stronger legal rights if something goes wrong.
• Is the warranty provided by the vehicle seller?
• Is the seller a vehicle dealer (not an individual)? 
• Does the seller usually sell more than 6 vehicles in a 1-year period?  In other words, can we establish the seller is not a true ”Mom and Pop dealership”?
• Have you experienced a problem or problems with your vehicle that substantially affect the vehicle’s value and/or function?  Examples include issues with the vehicle’s engine, transmission, brakes, steering, electrical, etc.  More minor or cosmetic issues such as stereo equipment, windows, blemishes to paint/body or may not be enough.
• Have you notified the seller of the problems with your vehicle?
• Have you kept your own log or notes of the problems with your vehicle?
• Have you received copies of all repairs and work performed on your vehicle for problems occurring after your purchase?
• Has
• Has the seller ever refused a request by you to perform or pay for repairs covered under a warranty?

The more of these questions you can answer with a “yes” the more likely it is you have a case against the seller of a used vehicle.  For a review of your vehicle issues and possible options contact me for a free consultation.