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  1. #1

    can I sue the used car dealer?

    About 3 years ago I purchased an SUV from a used car dealership. 3 weeks after purchase the vehicle started to give me multiple problems including leaving me stuck at work and home because it didn't start. I brought it into the dealer for service multiple times and every time they said they fixed the problem, it broke down again. I decided to go through NYS Lemon Law. The arbitrator declared the car a lemon and decided that the dealer had to give me a car of equal or greater value. The following day I went to the dealer and they said "this is what we have, take it or leave it". They were offering me a car way under the value of the original. Meanwhile, the original car was sitting in my driveway not running. I wrote to NYS Lemon law about the situation but never got a response. I had to voluntarily reposes the truck because I had no use for it if it was not running and I was not going to continue payments on a junk car. I know its been three years but as a result of this situation I am now being harassed by creditors, and my credit is in the 300's. I have all paperwork including the agreement signed by the arbitrator. My biggest concern is my credit which has been ruined because of this, but any other compensation would be gladly appreciated. Can I sue the dealer?

    Last edited by bunkerdunker17; 03-26-2010 at 02:47 PM.
  2. #2
    Join Date
    Dec 2009
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    [URL="http://forum.freeadvice.com/consumer-contracts-guarantees-warranties-22/can-i-sue-used-car-dealer-510307.html"]Can I sue the used car dealer?[/URL]

  3. #3
    Join Date
    Jun 2000
    Somnambulist University
    Quote Originally Posted by bunkerdunker17 View Post
    Can I sue the dealer?
    Of course you can. After all, almost anyone can sue almost anyone else claiming almost anything.

    However, it is unlikely that your suit would be successful. Some reasons:
    1) Question of actual damages. You were offered what they will argue was equal or greater and declined.

    2) Time. Though still likely within the SOL, a court will be curious as to why the delay.

    3) You allowed the vehicle to be repossessed.... which affected your credit. That has nothing to do with them.

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