Has anyone heard of an implied warranty of merchantability and fitness?

Question

My 2000 Dodge Durango, 64,000 miles ran for 10 days and the dealership refused to do anything about it.

Answer 1

The most common type of implied warranty is the warranty of merchantability: The seller promises that the product offered for sale will do what it's supposed to. That a car will run is an example of a warranty of merchantability. This promise applies to the basic functions of a car. It does not cover everything that could go wrong.

Breakdowns and other problems after the sale don't prove the seller breached the warranty of merchantability. A breach occurs only if the buyer can prove that a defect existed at the time of sale. A problem that occurs after the sale may be the result of a defect that existed at the time of sale or not. As a result, a dealer's liability is judged case-by-case.

Answer 2

It is not just a case of the defect existing when the car was sold, but a case of the defect existed, and the dealer would have had reason to know it existed. For example, if it was an internal problem, of something that remained hidden, unless the dealer is a psychic, how could they reasonably be expected to know? On the other hand, if it was a defect that had visible signs (car had to be jump started constantly, and now you need a $400 alternator) then that is a different story. I understand there is a strong bias against used car dealers, but the fact is, not everything that happens in the world is their fault. Most of the used car dealers I know will not knowingly buy a car with major problems, and then just sell it as it is.. it is not worth the headache. They will either avoid the car, or fix the problem before reselling. BUT, they are in business to make a profit, and if a car they sell ends up breaking, why is it incumbent upon them to fix everything? If you sold a car to someone privately for $3000 with 75k miles on it, and to the best of your knowledge it ran ok, and then a month later they come back and tell you it needs a new motor that costs $4500, would you pay for it? If you did not, does that make you a thieving piece of garbage?

Think about this. It is a used car, and like I always told people when selling them ANY used car... the people traded it for a reason. Anything can go wrong with this car. Are you paying cash, or do you need financing?

Answer 3

Sadly, you didn't say what the problem is exactly but new or used, any product sold by a legitimate company must be fit for the purpose for which it was intended, otherwise that company is in breach of the consumer law.
However (there has to be one, hasn't there), if there is any clause in your contract of sale stating that the vehicle is bought as seen or tested, then there is nothing much you can do. That also applies to the cause of the vehicle's failure. If it is something that you, knowingly or unknowingly, have done to make it go wrong, then there is nothing you can do other than learn from your mistake.

Answer 4

Yes. It a doctrine, part of products liability cases. In your case, the sales agreement might be a stumbling block. You bought a used vehicle with a lot of miles on it.
If the dealer did not give a written warranty, you have a problem. You would have to show that the dealer knew there was a problem and failed to disclose it.
Find out the problem and fix it. You can always try suing the dealer in small claims court.

Answer 5

i'm satisfied with their reaction. they have been in consistent verbal change about the status of Xbox stay with us (nicely, till the in good structure changed into filed, at which period significant Nelson and others could no longer communicate about it). to boot, in case you examine the contract you agreed to once you verify in, it obviously states: 16. WE MAKE NO assure we provide the service “as-is,” “with all faults” and “as obtainable.” The Microsoft activities provide no teach warranties, ensures or situations. you've further shopper rights below your community guidelines that this contract can not change. To the volume approved by regulation, we exclude the implied warranties of merchantability, health for a particular purpose, workmanlike attempt and non-infringement. ...which in reality potential you're fortunate to get the game for loose, as they legally do no longer owe you something. i'm satisfied getting the 800 factor ($10) sport loose. That better than makes up for the time lost with the server complications.

Answer 6

Legally, they don't have to do anything. You bought a used, eight year old vehicle. You can expect some problems. If you wanted a vehicle with guaranteed reliability, you should have bought a new car, and you'd have warranty protection if anything went wrong. It is the buyer's responsibility to inspect a vehicle before buying it to determine its condition.

Answer 7

Even a used car is expected to run for more than 10 days. See a lawyer.