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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I recently purchased a brand new 2009 Jeep via Ebay from a

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I recently purchased a brand new 2009 Jeep via Ebay from a North Carolina Jeep Dealer. I live in Pennsylvania and discovered after paying for the car (dealer delivered to PA) that the vehicle is not CARB certified (a 2008 requirement in PA), and I am unable to register the vehicle in PA without this certification. The dealer refuses to take the car back or exchange for a certified vehicle. Do I have a legal right to force the dealer to take the car back? There is a tag on the underside of the hood stating 'Not for sale in states with California emissions standards'. I only discovered the non-certified status after receiving the Document of Origin for the vehicle, which should have shown the CARB approval. The Notary could not complete the transaction in deference to PA law. Dealer claims I should have known. Ebay 'ad' had nothing indicating that sales were illegal in CARB law states. Unfortunately, I assumed a brand new vehicle (and from a dealer) would be qualified on all counts.
Because the dealer knew the vehicle was to be used in PA where there is a CARB certifiation requirement, the dealer has the obligation to accept the return of the vehicle. If the dealer refused to accept the vehicle, you can sue the dealer for breach of implied warranty of fitness for a particular purpose (the particular purpoe would be registering and drivig the vehicle in PA).
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