Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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Question: “bought a car from a car dealer, car broke down the next day, i sent the car back and asked for a new car or the deal be cancelled, they refused to give me my money back. it's been a week now and they can't give me my car back because for some reason they can't fix it. they have given me a rental car. what should i do?”
Answer: Unfortunately, if the dealer does not offer a warranty as part of the sales contract, then the sale was “as is,” which means that the buyer takes the car with all defect known or unknown. If there is a warranty, and the car cannot be fixed, then you would have an option to rescind the contract or take a different car. But if there’s no warranty, then even if the car can’t be fixed, the sale cannot be undone unless the dealer voluntarily agrees to it. If that is the case, you have no legal recourse against the dealer. The exception would be if the dealer purposely misrepresented the condition of the vehicle in order to persuade you to purchase it.
Is the dealer attempting to fix the car for free? If so, then you should allow the dealer to do so even if it means being without a car for another week or two. This is because in an “as is” sale, the dealer is under no legal obligation to fix the car at all. I wish I had better news for you.
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