Thursday, August 13, 2009

Bought car from Autojunction, AZ for $28k.Had repairs of $10,000+ within 15 day/500 mi. Is AutoJunct

I bought a Benz from AutoJunction, Tempe, AZ for $28k (I am in San Jose, CA). Car got stuck in 1st, 3rd gear after 8th day, check engine light came on (within 15 days / 500 mi). Took to Benz dealer who said oil from oil sensor had leaked into car's on board computer, O2 sensors and damaged other areas as well as there was a leak on the ABC hose valve. Total charge for the labor alone was $10685/- ($10k). Do you think I should sue Autojunction and if so in small claims court (upto 7500) or in regular court with an attorney? I have email, dealer repair bill, to prove all of the above.



Thanks



Bought car from Autojunction, AZ for $28k.Had repairs of $10,000+ within 15 day/500 mi. Is AutoJunction resp?anti virus protection



Most used cars are sold "as is" and the purchaser signs a form stating they acknowledge the "as is" sale. Check your documentation from the sale. If you acknowledged an as is sale, your recourse is limited.



Also check the state laws regarding used vehicle sales. If you took possession in Arizona, AZ laws apply. If you took possession in CA, CA laws apply. If you paid to have the car shipped from AZ to CA, possession took place in AZ. If the dealer paid to have the car shipped to you, possession took place in CA. The location of the sale probably determines the small claims jurisdiction -- if you took possession in AZ you would probably have to travel to AZ to sue in small claims court.



An act of fraud on the part of the dealer would break the AS IS protection. If you think you have a claim for fraud, you would need to speak to an attorney for advice.



Even if you have no legal claim, Autojunction may be willing to split (don't expect a 50-50 split) the cost of repairs with you just to save/enhance their reputation.

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