Can he win this case?

Question

My husband Traded in a Van for a Truck at a Car dealership. The dealer told my husband that the truck had been overhauld and was in good shape. So, he then traded his vechile for the truck because he wanted a truck. Even Trade- and No warrenty paper. Within Weeks my husband had to change break pads, and A rotor, steering column,drop a leaking fuel tank, and now has to have a whole new Engine put in it becuse the machinc says that all his barings are shot. He called the dealer and the dealer would not trade him back. So he is taking it to court. What are his chances? I personally think he may not have a chance because of the no warrenty. But, the Mechanic and my husband say he does because that Truck should of not been sold like that.. I don't know. would like an opinion from someone that knows about small claims. Or about Vehicles or had this happen before..Btw..we live in Missouri. if laws are different state to state

Answer 1

It's doubtful he will win.

When buying a used car some states offer a 3 day policy to back out. Waiting a month to go to the mechanic ususally means you're stuck.

No car dealer ever offers an "even trade". If the vehicle you were trading was not worth more than the one you were taking, the dealer would not have made the deal. They are in business to make money, not make you money.

My guess is he is wasting his time and the filing fees too. But let us know if he happens to win anything.

Answer 2

When you buy a used car, never rely on what the dealer says. Have a mechanic look at it before you buy it. A reputable dealer will allow this.

Your husband has nothing to lose by taking this to small claims, especially if he brings the mechanic as his witness, but ... you are right. The Missouri consumer protection law states that:

"Used car buying - As Is: No Warranty
In Missouri, a dealer may sell a used car “as is.” There are no specific warranties, and the warranties normally implied by Missouri law do not apply. You are responsible for any repairs on an “as is” vehicle. And remember, Missouri's Lemon Law does not apply to used cars."

The one thing that your husband has going for him is that he is making a claim against a business, and they will have to hire a lawyer to represent them as a corporation cannot be represented by an owner or individual. They may offer to settle for less than what the lawyer will cost as a matter of practicality.

If they do, your husband should accept their offer and drop the matter after he gets the money.

Jim from the midwest, there is no "good news" in your post. In MO, warranties normally implied by MO law do not apply to used cars sold with no warranty, and the lemon law in MO does not apply to used cars.

Answer 3

In Missouri, as with most states, only new vehicles (vehicles under a warranty) are covered under the state lemmon laws.

In Missouri, a dealer may sell a used car “as is.” There are no specific warranties, and the warranties normally implied by Missouri law do not apply. You are responsible for any repairs on an “as is” vehicle. And remember, Missouri's Lemon Law does not apply to used cars.

I see some answers with a "three-day" rule stated. That only applies to consumer goods or services sold door-to-door in Missouri. It is mistakenly applied by non-lawyers to every commercial transaction. The links below are a great resource.

Answer 4

bad juju because he bartered with no cash involved. The only out for reciprocity is if he has a document from the dealer indicating the condition and work put into the vehicle. Use the MO lemon law as hard as you can and get this guy's sales license.

Good note is that the dealer must make some disclosures about body damage; inclduing the fuel tank. I would have your lawyer request copies of the service records from the dealer with a courtesy copy of the request sent to the State's Attorney office in your community. This should slap them around a bit especially if your lawyer uses fraud repeatedly in the letter.

Here's the other good news extracted from the MO Lemon Law:
Missouri Revised Statutes
Section 407.565
August 28, 2000

Report of nonconformity required, when--repairs, duty of manufacturer or agent, when.

407.565. For the purposes of sections 407.560 to 407.579, if a new motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, or its agent, during the term of such express warranties, or during the period of one year following the date of original delivery of the new motor vehicle to the consumer, whichever period expires earlier, the manufacturer, or its agent, shall make such repairs as are necessary to conform the new vehicle to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period.

Answer 5

A legal standard throughout the U.S. is: You have the right to expect reasonable function for which the item was intended, "as is" statements notwithstanding. The vehicle was not sold as salvage, scrap, or for parts only, it was sold as a functional vehicle capable of it's intended use. It was in fact not.

You will win in small claims court, without an attorney, if this argument is presented.

Answer 6

lemon law. if the car has that many problems then I would think they are responsible. take it to court. it won't hurt to try especiall if you get an attorny on a contingency fee. (that means you don't pay unless you win).

Answer 7

Your husband would probably be called responsible for the damage...but nowadays, with a good lawyer, you can win anything.

Answer 8

most states are only 3 days for lemon laws

Answer 9

If it was used and he did not get a warranty not much chance of winning this one. Caveat emptor -buyer beware.

Answer 10

was it sold as-is? if so, he looses.