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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118192
Experience:  Attorney experienced in commercial litigation.
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My son purchased an automobile last year(within the last 12

Customer Question

My son purchased an automobile last year(within the last 12 months), He never received any paperwork on the vehicle regarding any disclosures on the car being in an accident(s) prior to him getting it. They said they had no paperwork. Never ran a carfax on the vehicle. He gave them $3000 down on it, and has had nothing but problems with it ever since. Has broken down on the highway a couple times coming up here from North Carolina. Has had it to a garasge and checked out, has paid for numerous repairs on it, which he really can't afford. The vehicle has been in 3 previous accidents, two deploying the air bags and one rearended. The mechanic told him that that vehicle should never had been put out on the lot to begin with, yet they sold it to him knowing these problems. His family could have been killed in that car. Please, is there anything he could do to get after the Auto Dealer that sold it to him and have them make it right? He's been screwed too long by these people. Now they are harrassing him to make a payment. He refuses to unless they do something about this car. He needs them to take it back and replace it with a good vehicle that has been inspected and not been in any accidents. He's a hard working guy just keeping his head above water, and doesn't need this agrivation. Plase HELP!
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.
In general, a used car purchase in CT is considered as is unless he received a written warranty on the vehicle. However, even with a without a written warranty there are some implied warranties including the implied warranty of merchantability, which states if you can prove the dealer knew or should have known about the damage and defects making the vehicle unfit for its intended purposes, then the dealer is liable to refund the purchase price and cancel the sale.
Also, if you can show the dealer knew of the damage then this would also be an unfair and deceptive practice which would entitle your son to seek up to triple damages plus attorney's fees as part of the damages.
So your son needs to first contact the dealer and tell them if they do not rescind the sale and refund his money he would be filing a complaint with the Texas Attorney General Consumer Protection Unit and also the CT DMV Dealer Licensing Unit against them. If they refuse to do so, then your son needs to file the complaints and if the attorney general and DMV cannot resolve the matter, your son needs to contact a local consumer protection attorney and sue the dealer for up to triple damages plus attorney's fees.