How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Consumer Protection Law
Satisfied Customers: 11779
Experience:  JD, MBA
9373668
Type Your Consumer Protection Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

bought a car from a car dealer, car broke down the next day,

Resolved 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?
Submitted: 7 years ago.
Category: Consumer Protection Law
Expert:  TJ, Esq. replied 7 years ago.

Hello and thank you for allowing me the opportunity to assist you.

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.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

Although my answer was unfavorable, please understand that my goal was to provide you with honest information. With that in mind, I hope that you found my answer useful. If so, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

 

TJ, Esq. and 2 other Consumer Protection Law Specialists are ready to help you