I bought a used vehicle that the air didn't work as soon as I left the lot,they put a new battery in and really it needed a new alternator and then 30 days later the gurgle I heard turned out to be the water pump(which included all kinds of hose and parts etc) all of which it was doing straight from the lot. I paid 1/3 of the vehicles cost in repairs within 30 days. I filed a Summary Claim and their attorney responded with- they will file a claim against me for fees & costs of my frivolous claims. I understand used vehicles have no warranty and they have that WE OWE form signed for nothing promised but the Warranty of Merchantability says the product offered for sale will do what it is supposed to do. I don't feel so frivolous I want some justice.
Answer by Poohcat1
There is in some states what is called a "lemon law" but I am not certain if it applies in this case. Best to talk to an attorney for a couple minutes to see if he thinks the amount involved would be worth the cost and effort to win....or maybe lose.
If a dealer sells something that he knows is bad, it is his responsibility to tell you...although if he told you it is "as is", he might be able to wiggle out of it. Sorry.
Answer by xx_kc_xx
If the judge agrees you owe them restitution, then yes, you do. But it all depends on the judge and the case details.
Answer by thomas b
best avenue is to seek the aid of a lawyer...im from australia and i dont know where you are from so the laws may be different however i am sure that here you may be forced to cover the legal costs of the other party. Having said this, the only circumstance in which that would occur is if the court beleived the claim of the plaintiff was completely ridiculous and a waste of the courts time. If your claim has validity you should have nothing to worry about
Answer by Team Modify
Ok,
Check and see if your state has a LEMON LAW. Also they are goign to put a lawsuit on you because they want the judge to see that they feel the incidents are frivolous. I would make sure you have all receipts. Including the date of purchase (receipt of registration, Bill of Sale....etc) They are sueing for the attorney fees because if you lose, then they want you to pay their attorney bills. If the judge sees that you do not have a frivolous claim..but there is no lemon law or nothing covering you..then more than likely you will not be made to pay their fees. Know I know where I live (Virginia) is a buyer beware state. This case would never hold up in my court systems unfortunately. I have had a car for about 90 days. Just found it the motor mounts are gone..hole in the exhaust manifold. Oh and the best part. It has been in a major accident and has a weak frame. They covered it up with paint and made it look all pretty! So I feel ya. But good luck in your court case!! GET THEM FOR THE BOTH OF US!
Answer by Bandit
You have learned why Used car salesmen have the reputation they have. With No Warranty, that means as is. You bought it as it sat. I think they might be able to sue for costs if you lose. Remember they can afford a lawyer and you are not one. Just fix the car or sell it. I would buy a repair manual and a tool kit and start getting educated in fixing it myself. The items you had repaired were very easily done and would not have been over a hundred dollars or so for both parts. Education is expensive. Remember people don't give up good running cars generally only when they start needing repairs.
Answer by Ski owl
In MA if in the first 30 days you had all those problems the warranty would have fixed most if not all of them and you wouldn't be paying anything maybe an agreed fixed amount. I think you have a shot of getting something out of them in small claims. I think yes if you lose you could get stuck with their fees however I think they are trying to scare you out of filing a claim. I would do one of two things. Report them to your state's attorny general's office or consult with a lawyer. Maybe start with the lawyer they may say report it to the AG. Some lawyers will give you a free consult. Or there may be free/low cost legal clinics in your area if cost is an issue. Good luck.
Answer by K W
Honestly, most states have lemon laws. However, when you read about the lemon laws, it is 99% of the time for new vehicles. Really does not make any sense to me, but that is what it is for. It appears that you signed something stating they are not promising you anything unless it is merchantability. Plus, it is your responsibility to make sure the vehicle is in good working condition. You could have had a mechanic look at the vehicle prior to purchasing it.
So, yes, if you lose, you would be required to pay all court fees and attorney fees.
What do you think? Answer below!
Orignal From: If I lose a claim against a dealership on a used vehicle can I get stuck paying their attorney bill?
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