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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118218
Experience:  Attorney experienced in commercial litigation.
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I purchased a 2010 ford f-150 4x4 used 90,000 miles friday

Customer Question

I purchased a 2010 ford f-150 4x4 used 90,000 miles friday july 31,2015. Today aug 5,2015 the transmission went out. Do i have any rights?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years 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.
A used purchase is considered under GA law to be as is. In an as is sale, absent any written warranty to the contrary, the liability and risk of any hidden defects is on the buyer, not the seller. The courts use the term "caveat emptor" or "buyer beware" when dealing with an as is sale.
The only possible recourse you could have is in proving that the seller knew at the time of the sale that there was a defect rendering the product unfit for its intended purpose (implied warranty of merchantability) or that they knew of a defect that they concealed (implied warranty of good faith). However, if the seller is saying they drove it and did not have issues, I am afraid that unless you can prove otherwise, you would not have any recourse against the seller on an as is purchase.