Used AS-IS Truck, Lemon Law/Fraud Case Help

There are specific steps you should take when buying a used truck.

You are in a bad spot.

 

You need to consult with an attorney (Vachon Law Free Consultation, Call Toll Free:
855-4-LEMON-LAW (855-453-6665)). It sounds like you may have a claim under California's Lemon Law against the dealer:

"An implied warranty of merchantability (general fitness) is an implied promise that the product is fit for the ordinary purposes for which it is used (i.e., "This car is fit for passenger transportation.") This implied warranty is present in sales of most new and used products by merchants (not private sale)."

"Under the California lemon law statute (at California Civil Code Section 1791.1 (c)), the implied warranty of merchantability generally lasts the same length of time as any "express warranty" that accompanied the sale of the vehicle, except that the implied warranty of merchantability cannot last less than 60 days or more than one year."

You may also have a claim for expectant interests against the dealer which would cover the loss of revenue and other damages caused because you weren't able to use the truck.

While I have taken some post-grad law courses I'm NOT an attorney, don't want to be an attorney and don't like watching shows about lawyers on television. Consult with an actual attorney for legal advice.

 

You bought a truck without driving it? As is , means just that. WELCOME TO TRUCKING. Maybe you can sell it LP.

 

"As-is" sales DO NOT protect the dealer from a fraud claim.

 

@Lunatic Fringe unfortunately you are wrong about the lemon law helping the OP. It does not apply to Commercial Vehicles.

• The business vehicle in question weighs less than 10,000 pounds. Most pickup trucks and SUVs don’t weigh nearly 10,000 pounds. This exception exists to disqualify large commercial box trucks and 18-wheelers.

[FONT=Verdana, Geneva, sans-serif]California Truck Lemon Law - CaliforniaLemonLawGuide.com[/FONT]

 

Very unlikely..

The best you can Hope for is that that the Dealer & the shop that did the Work to rectify their Work..

Welcome to Truckin'

 

That may be. Still, the OP won't know for sure until he consults with an attorney. Whether it's the Lemon Law, fraud statutes, implied warranty of merchantability or something else he won't know his options for a legal remedy until he does so.

 

Tough spot to be in but this being a Commercial Vehicle changes what protection are applicable.

I am gonna take a wild guess and say the dealership didn't give him any type of paperwork regarding the warranty. So who is to say that oil leaks are covered or not.

Hopefully the dealership steps up and makes thing right but 20days in the shop and still not fixed. Hard lesson to learn for sure.

 

Fraud, False advertising. Unless the shop makes good on its warranty work. You do have a case, just have to find the law firm that will help you. I would contact the seller and let him know what you intend to do if the shop doesn’t correct the issues. I don’t see loss revenue coming if you take legal action.