Hey Halket...

[Kelly143]

Just wondering. I know the phrase "buyer beware" but I have a question about a van I bought two weeks ago. We were told by the guy we got it from that the transmission was rebuilt, and we have it in writing. On Thursday, the transmission went out and the guy at the shop said the transmission was NEVER rebuilt, but he can see where it may have been patched. This is costing us $1500. Since he misrepresented the van to us, do we have any recourse to take him to court? We aren't asking for the FULL amount, but we do think it would be fair for him to pay half. He was also told by my husband that we were only getting the van because the engine and transmission had been rebuilt, and that there was a different van we were going to buy in place of this one. We only bought it because of the work that had ben done on it. However, the work had never been done. Any suggestions?

 

[JETX]

Some states have very solid consumer laws (Texas for example) while others are somewhat lacking.

Depending on where you are (see the RED text at the top of the screen???), you might be able to claim a violation of the consumer laws and show that his statement was deceptive.

Have you sent him a letter (CERTIFIED) with your demand for compensation and proof of transmission rebuild (if it was done, it might have a warranty)??? If not, I would suggest you do so.

 

[Kelly143]

*hanging head in shame* Oh my gosh... I got a "RED LETTER" notice!! I'm usually so careful! How embarassing. Sorry Halket! (pssst... I'm from MI)

 

[JETX]

I know how you feel. I recently went through a period where I 'red lettered' a couple of posts that clearly stated the location!!
Part of the problem is that people think the 'location' is sufficient for determination. It isn't. Second, when replying to a post, the location of the poster doesn't show up!!!

In any case, Michigan Lemon Law will not protect you since it applies to new vehicles only. Here is what the Michigan Attorney General says:
"The Lemon Law is only one law protecting buyers and lessees. Consumers may also pursue claims under the Michigan Consumer Protection Act, Michigan Uniform Commercial Code, Federal Magnuson-Moss Warranty Act, and other contract remedies. For more information, consumers may contact the Attorney General's Consumer Protection Division."

In reviewing the Michigan Consumer Protection Act, it seems clear that the seller was in violation of at least the following:
"(bb) Making a representation of fact or statement of fact material to the transaction such that a person reasonably believes the represented or suggested state of affairs to be other than it actually is."
Source: http://www.ag.state.mi.us/cp/consumer statutes/consumer_protection_act.htm

You can file an online complaint form at the Atty Generals website at:
http://www.ag.state.mi.us/

Hope this helps....

 

[Kelly143]

Huge kiss for you Halket. I couldn't seem to find that anywhere. You're the BEST!!!