05-29-05, 12:05 AM
ok i told you guys about my blown engine,i went back to the dealer and told him about implied waranty that a dealer must have even if you dont have waranty when you buy your car from that paticular dealer,and now he is tying to help me get my car fix, now i dont know if he is just trying to get me off the phone or is he sincere.two ? do anybody know about that implied waranty and how can you tell if your engine is the original one or if it has been replace?
First what you are referrring to is an implied warranty of mechantibility. However ther are implied and expressed warranties of fitness for a particular purpose and of mechantibility.
The UCC (uniform commercial code) under article 2 (sales) codifies the implied warranties as well as other provisions. This is not to say that a person could not sue under common law implied warranty provisions as well.
OK...An implied warranty exists in all products, except for those whose warranties have been disclaimed. Disclaimer cannot occur with fine print. It must be readily apparent. To be more clear and consistent with article 2, it must be conspicuous. In addition, it must use the words merchantibility. So it can only be disclaimed if it were obvious and conspicuous to the reasonable person. Since it is intended to protect the consumer, you can bet that if there is a doubt as to its conspicuous nature, it will be resolved in favor of the consumer and againt the disclaiming individual or entity.
An implied warranty is essentially that a product should do or perform what it is expected to do when used as a reasonable person would. For example, a vehicle warranty may end after a year, but if a wheel falls off of a car and some injury or damage results, an implied warranty exists and permits recovery despite a lack of an expressed warranty. In fact, in the case of an inherently dangerous produt like a car, it is unlikely that you could even ever disclaim and implied warranty. SEE MacPherson v. Buick Motor Co. 111 N.E. 1050 (1916) still good law today.
In the case of your engine, you can bet money that there is an implied warranty against the engine exploding or something like that.
06-10-05, 07:06 PM
thanks main man for that info.ok now i read what you are saying but can you get more indebt with my circumstance,because im am at lost until i finish getting all of my money up.and do i really have a chance against that -----dealer and is there a lawyer out ther willing to fight for the little people?
Lawyers will fight for anyone with money.