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

UPDATED: Dec 15, 2010

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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


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

Answered 12 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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