If I bought a carand was not told that the engine was bad, is the dealership liable to fix it?

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If I bought a carand was not told that the engine was bad, is the dealership liable to fix it?

It uses a lot of oil and gas. I have to check the oil every 2 days. It dies when left running. This is a hazard if it leaves my children and me on the side of the road.

Asked on December 15, 2010 under General Practice, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am assuming that you purchsed a used car, correct?  Mississippi's Lemon law does not apply to used vehicles unless they are still covered under the manuacturer's original warranty, if it was used as a demonstration vehicle or ir it was a lease-purchase agreement originally.  But, there are other laws that may be able to help here. 

First, the Federal Trade Commission (FTC) has what's called the Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty and other types of information. If the dealer has in any way failed to abide by the FTC Used Car Rule, you may have the basis for a legal claim.

Second, each state has what are called Unfair and Deceptive Acts and Practices (UDAP) laws. If the dealer has, for example, made verbal promises or didn't tell you about issues relating to your used car, you may have a case.  It may also be a fraud or misrepresentation issue on the contract.  Also, Mississippi's version of the Uniform Commercial Code may provide you with relief.  Contact your state attorney general's office and a local attorney.  Good luck.


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