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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27692
Experience:  Lawyer
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I purchased a used truck in Florida from a used vehicle

Customer Question

I purchased a used truck in Florida from a used vehicle dealership on 12/1/2015. I paid cash in full and drove the truck home. I did not notice until driving home that the odometer read 372000 miles. when I test drove it the odometer was set on a trip meter setting, and I did not notice - stupid me! the dealer told me the odometer was not working when I did the test drive, which confused me. My question is in Florida when purchasing a vehicle from a dealer, do you have a certain number of days to take a vehicle back for a refund and to cancel the sale - or if you purchase a vehicle "as is" are you just tough out of luck for making a bad decision?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The default is that the sale of a used vehicle is as-is, and there is no right to cancel at any time after the fact. However, there is one exception to that rule - and it's fraud. If the dealer set the odometer to trip so you couldn't see the total mileage and then told you that the odometer was broken when it's not, that's very different than if you just hadn't noticed that the vehicle had more than 300,000 miles on it. He's not allowed to lie in order to get you to buy a car. An odometer set to trip is not "broken." And for that reason, you should be able to return the car to get a full refund.

It may help to talk to a manager to see if they'll let you return the car and get a different one instead. But if they won't, you may be able to file a lawsuit to get a refund AND file a complaint with the Consumer Protection Division of the Attorney General's Office. A dealer cannot lie to get you to buy a car.

http://www.freshfromflorida.com/Divisions-Offices/Consumer-Services/Consumer-Resources/Consumer-Protection/File-a-Complaint

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