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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34792
Experience:  Attorney,16 years experience in consumer protection areas
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My ex bought a used "as Is" car from a small dealer lot. 6

Customer Question

My ex bought a used "as Is" car from a small dealer lot. 6 miles down the road check engine light came on and it would barely run. He called them immediately and they said they would make it right. He went to their mechanic (3 times per their request) and things kept changing on what needed to be done. They then decided they didn't want to deal with it. He asked if he could return the car and pick out something else and if more, he would spend the extra money. Of course they wouldn't. I know it's as is but I did hear them say they would take care of it. Also I have taken to 3 other mechanics and they have clearly stated that the check engine light was cleared based on what is wrong with the car. Also I showed them the state inspection 2 weeks prior done by the sellers mechanic. I have been told no way that the car should have passed inspection at all. We are in NC. He only paid $2000 for the car and figured like used cars some maintenance but the car is not drive-able. Is their any recourse to go after them based on what the mechanics say about it should not have passed inspection and they believe the check engine light was reset?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Unfortunately, NC is very strict on their interpretation of "as is" used car sales and there is no right to return a used vehicle after purchase unless the contract specifically says you can. That is why it is critical for a buyer to have a car checked out by a trusted mechanic prior to purchasing to ensure it is roadworthy. After the sale, the buyer is generally just stuck..However, if he can get proof from his mechanic that they reset the fault codes to conceal any problems, that if fraud and misrepresentation and is illegal. The seller doesn't have to disclose anything on their own, but they can't actively conceal things. .So if he can get something that shows when the code was reset last time and he can then prove the dealer owned the car at that time, he can sue them for a refund of his money or for the cost of repairing the vehicle in small claims court...thanksBarrister
Expert:  Barrister replied 10 months ago.
have to step out of office for about an hour..

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