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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I just bought a used car yesterday and there seems to be some

Resolved Question:

I just bought a used car yesterday and there seems to be some mechanical issues, if they don't fix it can I give the car back and get my money back?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

LegalGems :

Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum. Was the car sold As Is, or with a warranty?

Customer:

30 days or 1000 miles

Customer:

50/50 but I dont want to pay anything they said the car was running properly and showed me what they put in the car

LegalGems :

Ok Perfect. Then since it is not as is, there is also an implied warranty of merchantability. What this warranty guarantees is that the product sold will be operable and able to be used for its customary purpose ie a car is able to be driven. Additionally, if they fail to honor the warranty and are unable to fix the problem, then there is a breach of express warranty also. If it is a material breach (goes to the heart of the contract) then the typical solution is rescission - void the contract and restore the parties to the position they were in prior to the contract i.e. return car, return money. If it is immaterial (not a significant factor), then the buyer is generally paid for the damages suffered.

LegalGems :

Also, if the sales person represented that the car was in good/great shape, and it wasn't, there is also a cause of action for misrepresentation.

Customer:

So no buyers remorse involved it is a breach?

LegalGems :

Also, per Nevada's Unfair and Deceptive Trade Practices Act, specifically(NNN) NNN-NNNN(5), misrepresentations would be considered a violation. http://www.leg.state.nv.us/NRS/NRS-598.html#NRS598Sec0915

Customer:

If they don't fix it

LegalGems :

Yes, it would be deemed a breach. Was the car purchased at the seller's normal place of business?

Customer:

Yes

LegalGems :

Then the right of rescission (buyer's remorse) is not applicable. That is a very common misconception. Please see: http://fightfraud.nv.gov/3DayRightToRecession.htm - if they told you you had a three day right of rescission, then that is further misrepresentation. Of course, parties are free to contract, so if it is in the contract - specifically that there is a right to rescind within a certain time frame- that would be binding.

Customer:

no rescission was discussed, but the warranty is 50/50 but I think they should pay if a problem is found today

LegalGems :

You could very well argue that under the implied warranty of merchantability. And of course misrepresentation if they made verbal representations re: the condition of the car.

Customer:

ok then thank you for your help

LegalGems :

Here is a copy of the implied warranty statute - http://law.onecle.com/nevada/ucc/104.2314.html You are welcome. Hope this resolves quickly.

LegalGems :

http://www.leg.state.nv.us/NRS/NRS-104.html

LegalGems, Lawyer
Satisfied Customers: 3468
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
LegalGems and 5 other Consumer Protection Law Specialists are ready to help you
Expert:  LegalGems replied 1 year ago.
I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful. Unfortunately, many people have problems with used cars, and new cars are so expensive.

If you would like to request me for your future legal inquires, please put TO LEGAL GEMS in front of the question, and I will do my best!
Take care.

Please be sure and complete the customer satisfaction survey the site will be sending you so that I can continue to provide affordable information to our customers. Thank you!

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