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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 2125
Experience:  Practicing Attorney with 10 years experience
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I bought an used car from a dealership a week ago and

Customer Question

I bought an used car from a dealership a week ago and realized the car is infested with thousands of baby spiders. I've tried spraying spider repellent and cleaned the car inside and outside multiple times daily but they're hiding inside the door panels. I called the dealership and they said there's nothing they can do because I took delivery of the car. Can I reject and return the car under the consumer rights act within 30 days?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Asad Rahman replied 1 year ago.
I am sorry to hear about your situation. Can you tell me what state you live in? I want to see if there are any protections under your state laws.
Customer: replied 1 year ago.
Florida
Customer: replied 1 year ago.
I took videos but can't send it so I'm sending a picture from the video
Customer: replied 1 year ago.
Expert:  Asad Rahman replied 1 year ago.
Were you given the chance to inspect the car prior to purchase?
Customer: replied 1 year ago.
I test drove the car and they took it after to clean it and have it ready for delivery. I bought the car last Tuesday, May 17, from a dealership in Clearwater, FL and once the papers were signed I left to drive back to Jacksonville, FL. I got caught in a severe rain storm the whole drive back home. I didn't start noticing the spiders which I thought were ants until Thursday afternoon when I seen them crawling all around the inside of the car and then seen more outside of the car. They're coming out of the cracks of the doors and windows and from the door panels inside the car. The video I took today with the pictures I sent was the worst by far on top of all I've killed since Thursday.
Expert:  Asad Rahman replied 1 year ago.
At this point you will need to sign a breach of contract action against them for selling you a vehicle that is not fit to drive. I think the evidence you have would be pretty strong if you were to file a lawsuit.
Customer: replied 1 year ago.
The only logical answer I have is a spider laid eggs in the car while sitting in their lot from the time they got the car to when I purchased it which was for about a month. And the eggs hatched and I cannot get past how many baby spiders there are and pinpoint exactly where they're coming from. I have spider bites all over my body from getting bite while driving in the car
Customer: replied 1 year ago.
I don't take the car back to them at the dealership because I wanted to bring it back later this afternoon. I can't continue to be in this car and driving it under these conditions and they're not willing to step in and remove the infestation. But I need a vehicle so I wanted to know if this is a lengthy process?
Expert:  Asad Rahman replied 1 year ago.
Depending on how much you paid, you may be able to file in small claims court which is much faster than regular civil court. I would first try to take it back to them and try to work something out with their ownership but if they continue to refuse then a lawsuit may be the way to go. I would imagine they would try to settle rather than have a long drawn out process.
Customer: replied 1 year ago.
The purchase price was $18,000 with a down payment of $5,000 and financed the remaining balance. I just thought under the consumer rights act 2015 because the issue was caught on within 30 days, I can return the vehicle and be released of all obligations to the sales contract?
Customer: replied 1 year ago.
I really want them to resolve the issue but if not I can't wait to go to court because I need a replacement vehicle and I refuse to keep driving this one under these conditions.
Expert:  Asad Rahman replied 1 year ago.
I do not believe it applies to cars.
Customer: replied 1 year ago.
The article I read was specific to cars purchased from a dealership within 30 days. It states that I can reject the car and get a full refund because I'm within 30 days and I've already reached out to them to address the issue and they refused by saying it's out of their hands because I took delivery of the car.
Expert:  Asad Rahman replied 1 year ago.
That is in England. Look at your images you sent.
Customer: replied 1 year ago.
Oh I didn't know that. Ok so basically I'm stuck with this car and have to file lawsuit and wait to go to court to get out of the car if they refuse to address the issue?
Expert:  Asad Rahman replied 1 year ago.
The only other option would be to also notify the Florida Attorney General's office.