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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I purchased a used car from a dealership in Kansas almost 30

Resolved Question:

I purchased a used car from a dealership in Kansas almost 30 days ago and it has
been in their shop for 2 weeks of this time. It has a major problem with the motor
and I want my money back. When I bought the car I was told I had a 30 day
return. They are trying to get out of this. Can they do this?
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.

Zachary D. Norris :

Hi

Zachary D. Norris :

Was the car brand new or used?

Expert:  Zachary replied 2 years ago.
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Customer: replied 2 years ago.
It was used.
Expert:  Zachary replied 2 years ago.
If the car was brand new when you purchased it, then you likely have the right to return. See: http://kansaslemonlaw.org/

If the car was used, then you are going to have to force the return either for a breach of warranty or for a misrepresentation regarding the car.

If you signed an "As Is" agreement, which is usually the case, then it is unlikely that they breached a warranty. In that case, you need to make a claim against the car dealer or seller for "Money had and received, misrepresentations and fraudulent inducement."

You will want to first write a letter threatening the car dealer with legal action. If the amount in controversy is less than $4,000.00, then simply file a case in small claims court.
Customer: replied 2 years ago.

I read on the internet on money-zine.com that Kansas does not permit as is sales.

Expert:  Zachary replied 2 years ago.
My legal research has been unable to establish that what you found is true. The cases I just read through allowed as is warranties. However, they can't represent that the car is in good condition, and then sale you one that is not in good condition. If they made any sort of representation like this, then they misrepresented the condition of the vehicle to you, and you can likely force a return.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3920
Experience: Lead trial/International commercial attorney licensed 11 yrs
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