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FiveStarLaw
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Category: Consumer Protection Law
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Experience:  25 years of private practice
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How to return a used car to a Georgia dealer; Car has several

Customer Question

How to return a used car to a Georgia dealer; Car has several issues not disclosed at the time of purchase.
1. Car has a central electronic steering wheel control recall that the dealer could/would not tell us about.
2. After driving the vehicle for only 2-3 weeks the brakes began squealing loudly even with minimum pressure when stopping.
3. The extra rear view mirror/sunglasses compartment is defective and will not close

We re-read our purchase paperwork and noticed that it had 3 concerns.
1. In the column where the purchase charges are listed they had a category that said lemon law and "n/a" was stamped in that column. I did not notice this at the time of purchase since I was concentrating on the money charges.
2. We signed a document(Buyers Guide) that stated "No Warranty" vs. Warranty on one side. However, we only saw the back side of it which only listed possible defects to the vehicle listed on the side we signed.
3. We told the dealer not to run our credit since I had already obtained credit from my bank for the appropriate amount. They still ran our credit with 3-4 other banks/credit unions.
Note: The purchase price was $1500.00 more than the agreed upon price.

Do we have any recourse at this time?
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

So sorry to hear of your dilemma. I will strive to provide you with legal information to assist you. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

You can file an action to rescind the contract based upon fraud significant nondisclosure and/or concealment

Here is how it works

There is not a right of rescission on vehicle purchases. Therefore, absent language to the contrary in the contract or deposit statement, you would not have a right to rescind nor renegotiate the contract. This is true even if you had not taken possession of the vehicle.

That said, there are a myriad of reasons to justify rescinding a contract to purchase or lease a new or used automobile. Basically, the law allows an automobile purchase or lease agreement to be rescinded if it is based upon fraud, mistake, or significant non-disclosure or concealment.

For example:

1. Breach of express warranty. An express warranty is a warranty that is stated, for example,a verbal representation made by a salesperson at the dealership concerning your vehicle.

2. Breach of the Unfair and Deceptive Acts and Practices (UDAP) laws. This cause of action may arise when the salesperson made verbal promises or did not disclose known issues concerning your vehicle.

3. Georgia's version of the Uniform Commercial Code may provide you with an additional cause of action.

I suggest that you retain local counsel to pursue your remedies.
Customer: replied 3 years ago.

No satisfy with the answer, you do not address my conserns.

I detailed every one of my conserns clearly and you do not address any one of those.

 

I am not satisfy and not agree to paid

Expert:  FiveStarLaw replied 3 years ago.
Please reread my answer as I have addressed all of your facts in full. If you do not understand, I am happy to clarify

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