What are my rights if a dealer fails to notice a defect/damage during an inspection prior to selling a vehicle?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if a dealer fails to notice a defect/damage during an inspection prior to selling a vehicle?
Within 10 days of purchasing a used van (not subject to new car lemon laws), a nail in a tire led me to take it to a mechanic for repair. During a vehicle courtesy check, water was noticed in the tail light as the seal is faulty. I was alerted that this could be a safety issue if not fixed as it could cause electrical problems, and that it should have been found during the dealer’s inspection. After contacting the dealer, they are only offering to replace the tail light at cost and are suggesting there isn’t too much cause for concern. Should I accept offer? What are my rights?
Asked on March 1, 2011 under General Practice, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If a reasonable dealer would have or should have noticed the defect, then this dealer may be liable for not finding it. However, the most you can get is the cost to repair, if it's a problem that can be readily fixed--you can't get additional damages or rescind the contract. Therefore, the most you could get would be parts plus labor. If they are offering to give you the labor for free and just charge you for the part, that might be worth taking; the alternative would be to sue them for the cost of the tailight, etc., which I cannot imagine would be economically worthwhile. By all means, try to negotiate a better deal, but this may well be good enough that, at the end of the day, you should take it.
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.