Traded in a 98 Chrysler Sebring was given $850 for trade in, bought a 2002 Dodge Intrep As Is, have had the car for exactly 7 days and transmission has went out, any recourse?
Called both the salesperson and finance officer and was told if I can get the car towed up there they would look at it but nothing they can do since I bought it As Is
"As is" means that you accept the vehicle in the condition that it is represented to you at the time of sale. It doesn't mean that the dealer can misrepresent the vehicle's condition to you, before you buy.If you had a witness to the sale and that witness is willing to testify that the sales rep stated that the dealership inspected the vehicle and found that it was in great shape, etc., then you could sue the dealer for "mutual mistake," which means that the parties to the contract made a material error as to the subject matter of the contract (the car), and therefore, the deal should be rescinded/canceled.The reason why this rarely works in the real world, is because there is never a witness to the transaction other than the buyer and the dealer, and consequently, it's one side's word against the other -- which is insufficient to win in court.Without a witness to the transaction, you could take the vehicle to an independent mechanic and see if he/she would be willing to testify that the transmission was so bad, that the dealer must have known that it was defective at the time of sale. If you can do that, then your claim would be for misrepresentation/fraud.Either way, you would probably sue in small claims without a lawyer, because the cost of hiring an attorney would be more than the transmission repair. The only other option would be to file a complaint with your state attorney general -- but, it would be entirely up to the government to decide whether or not to investigate and prosecute the dealer -- and your complaint could simply fall down a black hole, and you would never hear from anyone about it. But, it doesn't cost anything to complain.Those are your options.Please let me know if you need clarification or you have other questions.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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