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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19653
Experience:  B.A.; M.B.A.; J.D.
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I brought a used automobile and was not offer to to take a

Customer Question

I brought a used automobile and was not offer to to take a test drive the owners said it's in excellent condition ..I was excited about owning my first corvette ,and took there word for it . After going to the bank and made the money transfer, drove the the car home the the passages door did not lock,windshield wiper was wiping any rain off the driver side, so after several hours I brought the car back , while I was driving it back car completely die on me.
Found out the battery cable was loose. Anyway brought. It back told them the problems,
and wasn't happy with the car and wanted a refund but they didn't want to give me one,they offer to fix the problem but I told them if I was able to test drive the car I would have not buy it.. Is they anyway to get my money back?? By the it's a 1979 Chevy Corvette .
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is ***** ***** I will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Was this used classic vehicle sold with any type of written warranty or was it sold in "As is" condition?
Customer: replied 2 years ago.
Yes but I did not put my signature on the it just hers. Also she sign her name on the ownership paper with no date of transfer, I also did not sign the ownership paper.
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.
Did you accept possession of the vehicle with a bill of sale that states the vehicle is being sold in "As is" condition?
Customer: replied 2 years ago.
No
Expert:  Alex J. Esq. replied 2 years ago.
Thank you for your follow up.
Unfortunately, I don't believe that I can provide you with answer that you are looking for, so I will opt-out of your question at no charge to you and will open your question to other JustAnswer.com legal professionals.
Thank you and good luck!
Expert:  Phillips Esq. replied 2 years ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I brought a used automobile and was not offer to to take a test drive the owners said it's in excellent condition ..I was excited about owning my first corvette ,and took there word for it . After going to the bank and made the money transfer, drove the the car home the the passages door did not lock,windshield wiper was wiping any rain off the driver side, so after several hours I brought the car back , while I was driving it back car completely die on me.
Found out the battery cable was loose. Anyway brought. It back told them the problems,
and wasn't happy with the car and wanted a refund but they didn't want to give me one,they offer to fix the problem but I told them if I was able to test drive the car I would have not buy it.. Is they anyway to get my money back?? By the it's a 1979 Chevy Corvette .

Response: Yes, there is a way to get your money back. Eventhough your purchase is not covered under Hawaii Lemon Law, see Hawaii Revised Statutes Title 26 Section 481l, you can sue the dealership under Hawaii UDAP Statute, Hawaii Unfair and Deceptive Acts and Practices Statute, Hawaii Revised Statutes Title 26 Sections 480-1 through 480-24.
You may consider retaining the services of a local consumer Attorney to send a demand letter to the dealership and if necessary file lawsuit against the dealership for this unfair and deceptive act and practice to force dealership to take back the car and refund your purchase money. Most consumer Attorneys would take a case on contingent fee basis. This means that the Attorneys may not charge upfront for their fees and would only get paid if they win the cases for the consumers. Even then most Courts award Attorney fees to prevailing consumers. So, you may not have to pay out of pocket to obtain a consumer Attorney to sue the dealership for unfair and deceptive act and practice to force the dealership to take back the car and refund your money.
You can use the following sites to find local consumer Attorneys:
http://www.consumeradvocates.org
http://www.lawyers.com
http://www.justia.com
You may also file complaint with your Attorney General's Office and Hawaii Better Business Bureau:
http://ag.hawaii.gov/contact-us/
http://www.bbb.org/hawaii/
Hawaii UDAP Statute and Lemon Law:
http://law.justia.com/codes/hawaii/2014/title-26/chapter-480/
http://law.justia.com/codes/hawaii/2014/title-26/chapter-481i/