Can I take the dealership I bought my car from to court?

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Can I take the dealership I bought my car from to court?

I bought a car that they said needed a lower intake gasket replaced. So I got itreplaced but it turns out that it was the head gasket. I called the dealership and they made a verbal agreement to take the car back and find me a new one for the same price. They told me to continue driving the car in the meantime and now there is an engine problem. The dealership now told me they are not going to do anything but give me $500 for the car; I paid $1800 for it.

Asked on June 12, 2012 under Business Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may be able to sue them for misrepresenting the car's condition or the work that needed to be done to it. It's also possible you'd have grounds for legal action for their negligence in giving in the wrong advice on what to do (i.e. keep driving), assuming you had brought the car to them (i.e. their service department) and so they assumed a duty vis-a-vis it. You might therefore have grounds to recover the cost to repair or the diminution or reduction in the car's value based on their misrepresenations or negligence. It's not clear you would win--no case is ever guaranteed, and the specific facts, agreements (if any) signed, testimony, evidence, etc. is critical to the outcome; that said, from what you write, it would seem to be worthwhile to file a small claims action, representing yourself.

 


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