Can I sue a used car sale dealer ship for saling me a car with a bad transmission?

**Raven Greene** · 04-08-2011, 07:16 PM

I purchased my 2005 Honda Accord in Jan of 2011 and here it is April 2011 and the car has been to the shop over 5 times. I purchased the car with 110,558 miles on it and as of now it has like 112,5smthn. I called the car company and of course they are telling me "no there is nothing they can do about it" because I purchased it as it. I called the lemon law ppl no luck there, but I was told that I can talk to a consumer lawyer and file a lawsuit against them as smthn like fraud, because the transmission was bad way before I purchased it. So what im asking is if anyone is having/had the same problems with used cars or if any lawyers can help me because im at my witts end.

Thanks

**Sean** · 04-08-2011, 10:12 PM

1. Lemon law is for cars less than 2 years old, and would require having the same problem 3 times or more in those 2 years.
2. The car ran out of factory warranty 74,000 miles ago.
3. You bought the car as-is. That means when you signed on the proverbial dotted line, if there was no mention in the documents that you suspected there was anything wrong with the transmission, and they didn't disclose there were any problems (which they are required to do), you agreed with the dealer that there was no problems. With any auto purchase, you have the right to pay an independent mechanic to inspect the car. If you didn't do that, that's a mistake you made.
4. If anywhere in the paperwork it said something about a possible defective transmission, and you just didn't read it, then it's your fault because you didn't read it. They told you, in writing, as required by the law. If that's the case, then you should read things more carefully before signing them.
5. Even if you did file a lawsuit, there's still the issue of "innocent until proven guilty" that you have to deal with. The burden of proof is on you to provide the evidence that they knew before hand about the faulty transmission and didn't inform you or try to correct it.
6. Caveat Emptor is in full effect at this point.

**rkbtoo** · 04-09-2011, 10:17 AM

used cars are sold as is unless there is a specific warranty and things like that happen to cars with 110k on them

**Nina123** · 04-09-2011, 10:27 AM

No because it was your job too look over the car, ask questions, etc. Anyways it's a used car so you definately should've done those things.

**stiks87** · 04-09-2011, 08:47 PM

I'm not a lawyer, and it sounds like you could use some legal advise.
However, to answer your question, if they knew it was bad and sold it to you in that condition they should be responsible. Did you ask them to fix the problem? Did you ask about the Tranny BEFORE the purchase? was their a warranty on the car? you can also file a complaint with the BBB; help others to avoid these issues. Hope this helps :-)

**carlos martinez** · 04-11-2011, 05:43 AM

I think your screwed you should always go with someone who knows about cars when purchasing a used vehicle so you don't get into situations like these

**James** · 04-12-2011, 05:38 AM

sorry to say, buyer beware. if they sold it with a warranty than they are obligated to fix it. If it was sold as is than it is your responsibility to cover the repair costs. Next time make sure you have the car looked at by a mechanic and even so, anything mechanical sooner or later will fail.

**James** · 04-12-2011, 05:38 AM

sorry to say, buyer beware. if they sold it with a warranty than they are obligated to fix it. If it was sold as is than it is your responsibility to cover the repair costs. Next time make sure you have the car looked at by a mechanic and even so, anything mechanical sooner or later will fail.