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Brent Blanchard, Esq
Brent Blanchard, Esq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1975
Experience:  Thirteen years' experience in consumer transactions and litigation
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I bought a 2007 mustang son. I bought from dealer as is. The

Customer Question

I bought a 2007 mustang for my son. I bought from dealer as is. The transmission went a week later. The dealer wont give refund or fix car. I spent 14,000 on this car. I read a law which was passed oct. 2015 that I have 30 days to return my car or dealer fix. Is this true and does this law applies to Georgia.
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Brent Blanchard, Esq replied 7 months ago.

Thank you for your question.

Please give me some time to check out whether Georgia law really contains such a provision.

In the meantime, please don't be surprised if the law either applies only to new cars, or only to used cars sold with a warranty, or both.

Expert:  Brent Blanchard, Esq replied 7 months ago.

Here we go.

OCGA § 10-1-785, "Compelling Replacement or Repurchase", applies only to new cars and is enforceable against the manufacturer. It also has some requirements to mediate or otherwise try to settle the dispute before filing a court case. No 30-day period to exercise the consumer's rights.

OCGA § 33-63-6 and -7 deal with "Guaranteed asset protection waiver agreements" being subject to cancellation by the consumer under certain conditions. I have never heard of these transaction documents, but I doubt that any business-savvy car dealership would give something like this to buyers--those parts of the law grant consumers a strong 90-day right of cancellation and full refund of all unearned portions of the purchase price [???] paid to date.

This is based on a computer-based search of Georgia laws containing the words "vehicle" or "car" or "automobile" and the word "refund". Most of the 23 laws found dealt with tax refunds of various sorts, licensing, and canceling a deal BEFORE taking delivery of the vehicle.

Thank you.

Customer: replied 7 months ago.
what your saying is there is no law to protect consumers that purchase used cars?
Expert:  Brent Blanchard, Esq replied 7 months ago.

Nothing with the specific remedy that you asked about.

Often the ONLY recourse possibilities with used car, "as-is"* purchases are:

Fraud or intentional or negligent misrepresentation in making the sale. The wrongful conduct is in essentially lying about what the car IS. A Rolls Royce that is actually a VW Bug with aftermarket fiberglass body is a bad example, because just looking under the "hood" or in the "trunk" would reveal its true nature, and all of those variations on misrepresentation claims require that the victim's reliance on the lie be "reasonable."

Lemon law IF the car needs the SAME problem repaired two or three times (this varies by state) unsuccessfully, AND IF the state's lemon law applies to used cars, AND IF the lemon law applies even to as-is sales.

A warranty claim IF the seller still offered some sort of guarantee. I've never seen it, but I'm also sure that someone somewhere has done the paperwork with a warranty and an as-is clause. The warranty would trump as-is.

An extended warranty or service contract claim IF the buyer bought that service.

Thank you.

*"As-is" happens to be one of the contract terms that really means what it says, and courts always enforce what people agreed to on this subject.