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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110401
Experience:  Attorney experienced in commercial litigation.
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Just purchased a car and signed all the paper work, but the

Customer Question

hi, just purchased a car and signed all the paper work, but the check is scheduled to be delivered today with my name and that of the dealership, but I got this car last Thursday, in driving the car on Friday, I called the dealership and told of some issues I noticed with the car, they are saying that once I bring the payment in they will look at the car and fix any complainats I have, this is an as it sale. I called the credit union and they told me if I am unhappy with the car, return it and they will cancel the check, because If I sign the check then the loan is mines. The car in question is a 2011 lexus and I had it inspection by a lexus dealership this morning and the repairs on this car will run me over 1000.00, can I return the car?
JA: What state is this in? And how old is the car?
Customer: GA, 2011
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: don't know
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if you have a signed agreement with the dealership and they agree to fix them, then they are bound to do so and you need to make them put that in writing to you BEFORE you sign the check. If they refuse to do so, do not sign the check. However, be aware, even if you do not sign the check, if you have a signed contract with them, they could force you to honor the contract and could possibly sue you for breach of contract (but most dealers will not do so). The problem with an as is sale is that risk of hidden defect is on the buyer and the seller is not liable for damages unless they agree in writing to do so. Thus, your options are to force the dealer to put the agreement to cover the repairs in writing or refuse to sign the check and tell them the deal is cancelled for their refusal and walk away. Like I said, they may threaten to sue for you breaking the contract, but they rarely if ever do.

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