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Is It Used Car Fraud If The Car Self-Destructs Right After The Warranty Ends?


Many big-ticket items come with the option to purchase a warranty, where the seller will repair problems that arise in a set period of time after the sale, at no cost to the buyer.  The optimist sees this as an honest business practice that saves buyers from being stuck with defective items that malfunction shortly after the consumer begins using them.  The pessimist wonders if items with a two-year warranty will fall apart in their third year, leaving the buyer to repair or replace them at their own expense.  If you decide to sign a warranty when you buy a used car, you should read it carefully and think through the consequences of every clause.  If the lemon is already in your possession and the used car dealership that sold it to you is denying responsibility, contact a Philadelphia used car fraud lawyer.

The Car So Shady, a Mechanic Remembered It from Years Earlier

This story takes place in a small Pennsylvania town where no one moves very far from where they grew up, and everyone knows everyone.  In 2013, Cindy needed to replace her car, and the first person she thought to ask was Eddie.  Cindy and Eddie had been classmates in high school many years earlier, and Eddie was a salesman at the used car dealership his family had owned for as long as anyone could remember.  She inquired about a used BMW, and Eddie spoke highly of it, saying that it “would last for a while.”  Cindy bought the car, taking out an auto loan to do so.  At the time of purchase, she and Eddie signed a warranty that was valid for 30 days.

About six months after Cindy bought the car, its heater stopped working, and she took it to a mechanic, who diagnosed many problems, including a cracked or warped engine block, a cracked or warped head, and a bad gasket.  The mechanic said that, in its current condition, the car was not roadworthy, and the engine needed to be replaced.  He also said that, two months before Cindy bought the BMW, its previous owner had brought it to the same mechanic; at that time, the mechanic advised the owner to replace the engine, as its current one was not roadworthy.  The owner told the mechanic that he was about to trade the car in, anyway.

Cindy sued the car dealership, and the court awarded her $12,000 in damages, representing the cost of repairs and other losses related to the car.  The dealership appealed, and the appeals court reversed the ruling, largely because the car had started giving Cindy trouble after the warranty expired.

Contact an Attorney for Help

A consumer law attorney can help you if a used car dealership abused your trust and sold you a lemon, causing you substantial financial losses.  Contact Louis S. Schwartz at CONSUMERLAWPA.com to set up a free, confidential consultation.



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