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  1. #1

    Default Bought a Brand New Car, but It May Be a Lemon

    My question involves a consumer law issue in the State of: New York.

    I bought a new 2012 Santa Fe last August, as soon as I brought it home, I started having problems with it, the car would shut off while I'm driving. At the first symptoms I contacted the dealership and was told that it happens with all new cars. The problem persisted and I kept making calls. Keep in mind that the odometer had 0 miles when I bought this car. After repeated calls to the Manufacturer, I was referred to a different dealership to have the car inspected for defects. This dealer kept my car for a week and a half, today I picked up my car and he told me that this car wasn't new when they sold it to me and somewhere along the way the mileage was rolled back. I don't know what are my options at this point. Any advice would be greatly appreciated.

    Thanks

    M

  2. #2
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    Default Re: Bought a Brand New Car, but It May Be a Lemon

    it is easily traceable to determine whether you were the first owner or not. Not sure exactly how NY does it but generally, one would obtain an abstract of title from the state that shows all activity concerning that car.

    If you were not the first owner and your documents from the dealer show you were, then I would start looking at how to rescind the sale or maybe even seek action be taken by the state against the dealer.

    It is also illegal to turn back an odometer unless there is a valid reason (broken odometer) but there is documentation required to be filed to make that known to the public.

  3. #3

    Default Re: Bought a Brand New Car, but It May Be a Lemon

    Quote Quoting jk
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    it is easily traceable to determine whether you were the first owner or not. Not sure exactly how NY does it but generally, one would obtain an abstract of title from the state that shows all activity concerning that car.

    If you were not the first owner and your documents from the dealer show you were, then I would start looking at how to rescind the sale or maybe even seek action be taken by the state against the dealer.

    It is also illegal to turn back an odometer unless there is a valid reason (broken odometer) but there is documentation required to be filed to make that known to the public.
    They may have been using this car as a test drive vehicle and then rolled the miles back and sold it to me as New with 0 miles.

  4. #4
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    Default Re: Bought a Brand New Car, but It May Be a Lemon

    but that is not what you said you were told by the other dealer:



    This dealer kept my car for a week and a half, today I picked up my car and he told me that this car wasn't new when they sold it to me and somewhere along the way the mileage was rolled back.
    if the first title issued for that car was issued in your name, the car is considered new, even if there are miles on it.

    If you are accusing the dealership of rolling back the miles, then you have a different issue. Did you ask the new dealership how they determined that?

  5. #5

    Default Re: Bought a Brand New Car, but It May Be a Lemon

    Quote Quoting jk
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    but that is not what you said you were told by the other dealer:





    if the first title issued for that car was issued in your name, the car is considered new, even if there are miles on it.

    If you are accusing the dealership of rolling back the miles, then you have a different issue. Did you ask the new dealership how they determined that?
    He replaced the Throttle Body, Actuator 4WD ECU. That's when he discovered the issue.

  6. #6
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    Default Re: Bought a Brand New Car, but It May Be a Lemon

    HOW did he determine the odometer was not accurate.

  7. #7
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    Default Re: Bought a Brand New Car, but It May Be a Lemon

    Quote Quoting lornaevo
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    Keep in mind that the odometer had 0 miles when I bought this car.
    Seriously? 0.0 miles? And that's reflected on the sales contract and title documents?

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