Editor’s note: This commentary is part of the Emerald’s and ASUO Legal Services’ ongoing efforts to assist students through education as well as representation. ASUO Legal Services’ attorneys are licensed to practice in the state of Oregon. Information disseminated in this article does not constitute legal advice and does not create an attorney/client relationship. For legal advice, contact an attorney licensed in your state. You should not make legal hiring decisions based upon brochures, advertising or other promotional materials.
Students, like other members of the community, need products and services of all kinds. Below are a few protective measures you can take before engaging in transactions that seem to provide a fair share of problems for students: car purchases, hiring contractors for home or appliance repairs, and Internet purchases.
Buying a used car
When buying from a dealer, get a written warranty covering 100 percent of repair costs for at least thirty days.
When buying from a private party, the car is typically being sold “as is.” This means that if the car breaks down on your way home, that is your problem.
The seller cannot, however, make affirmative misrepresentations about the condition of the vehicle. Therefore, ask as many specific questions as possible, i.e., is anything wrong with the transmission? In addition, ask the following general questions:
* What kinds of repairs have been necessary?
* Are there any defects that aren’t obvious?
* Is there anything you haven’t told me?
* Why are you selling the car?
If the seller lies about anything specific, you may be able to pursue a fraud case against them.
In addition, take the car to your own mechanic for an inspection and diagnostic test.
Repairs to home and appliances
Before spending a lot of money on a plumber, contractor or repair person, do some investigation. First, make sure you can find a street address; it often will not appear in the phone book advertisement, but may be included in the actual listing. If anything goes wrong and you need to pursue legal remedies against an individual or business, it helps to have their physical location. You cannot serve legal papers on a post office box.
Second, check with any regulating board or agency and the Better Business Bureau to determine whether complaints have been lodged against the provider. Construction contractors and plumbers are regulated by the Construction Contractors Board ( www.ccb.state.or.us), which can tell you whether the provider is currently licensed and about the provider’s complaint history. Licensed contractors should also be bonded and insured.
Internet purchases
When making a purchase online, you should always become familiar with the seller. Check with state and local consumer protection agencies and the Better Business Bureau for information on the seller. In Oregon, the State Attorney General’s Office operates a consumer information hotline: (877) 877-9392 (toll free) or [email protected] (e-mail 24 hours).
Once you have decided to make a purchase, use a credit card. Never use a debit card. Although online payment services can be convenient, they generally do not get involved in disputes between buyers and sellers; in other words, if you never receive the goods you ordered, you will not get a refund from the payment service.
There is a wealth of excellent information on these topics available on the Internet. Some good starting points are the Federal Trade Commission (www.ftc.gov), FindLaw (www.findlaw.com — see the “Public and Consumer Resources” section), Consumer Reports online (www.consumerreports.org) and Internet Fraud Watch (www.fraud.org).
Nicole Miani is an attorney at law for ASUO Legal Services.