Selling a car with too many defects

Pennsylvania law provides protection to consumers who buy used vehicles that suffer from very specific defects.  For example, if you buy a used car with a bad transmission, you are protected by the Law if the dealership didn’t tell you about the bad transmission prior to purchase.  However, what if you bought a car that just seems to have a lot of problems?  Here is a common scenario:  you buy a car that seems like it is in the shop every other week to have something repaired?  Even if the defects are not specifically covered by Pennsylvania Law, you may still be protected.

The Implied Warranty of Merchantability is a law found in the Pennsylvania Uniform Commercial Code that says if you buy a car, it has to function like a car.  That means the car has to be a reliable form of transportation getting you from point A to point B.  If you car is suffering from that many defects, it can’t get you from point A to point B.  Therefore, it should not have been marketed as a usable vehicle.  You may be able to recover against the dealership.

There is a possibility that the dealership protected itself against your lawsuit even if you bought a car with a bunch of defects.  A properly used “As-Is” clause will prevent you from suing a dealership for violation of the implied warranty of merchantability.  However, most dealerships do not follow the As-Is statutes correctly.  For example, your vehicle may have a sticker in the window that say you are buying it As-Is, however, the purchase contract does not contain the disclosure.  If that is the case, then the dealerships cannot hide behind an As-Is clause for protection.

If you recently purchased a vehicle that keeps going into the shop, time is of the essence.  Give us a call so that we can make sure you are taking the right steps to protect yourself.

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