Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I'm ***** *****, my question is about purchasing a car

Customer Question
Hi I'm ***** *****...

Hi I'm ***** *****, my question is about purchasing a car online that out found out to be a lemon. Am I allowed to return the car if I brought it online

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

The car was sold as is but by law it must past expection and in the state of california the dealer must provide a smog check inspection. I brought the ride from new jersey

Submitted: 2 years ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 25 minutes by:
1/31/2016
Consumer Protection Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,962
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified

Thank you for your patience.

The smog certification is the seller's obligation only if the car is sold in state. http://www.dmv.ca.gov/portal/dmv/detail/pubs/brochures/howto/htvr9

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=05001-06000&file=5750-5753

NJ does require the car to pass inspection or the seller must pay for the car to be repaired so it can pass, or the buyer can revoke acceptance of the contract (ie return the car in exchange for money paid)

If there is a breach of contract (the item is not as described) that is also grounds for rescining an acceptance.

A breach is when one party materially fails to perform according to the terms of the contract.

A breach goes to the very heart (subject matter) of the contract.

So for example, for an immaterial breach the court will generally award monetary damages to compensate for the breach. An example can be if an ordered item is backlogged and will be delivered late; the damages can be the cost of renting the item until it is delivered, for example. Whereas a material breach would be something more substantial, such as the item was not as represented, there is a defect, it does not conform to the requested color, making it useless or contrary to the original intent of the consumer, thereby not giving him/her the "benefit of the bargain".

In such a case, the contract is voided, unless the parties agree otherwise - this means the item is returned, and any money paid refunded.

If the amount is less than $10,000 the proper venue is small claims (an out of state defendant can be sued in CA based on the state's long arm jurisdiction statute)

Higher amounts require general civil court. Here is link to the court system: http://www.courts.ca.gov/

--------------------------------------
Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

Should you have further questions please post here to continue our dialogue. Otherwise,

kindly rate positively

as I am an individual contributor and rely on positive ratings to receive compensation for providing the requested information - this does not result in additional charges to the customer, but rather allows the site to credit my account a percentage to compensate me for my time.

THANK YOU!

Ask Your Own Consumer Protection Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a consumer protection lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,962
13,962 Satisfied Customers
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

7,125 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,436 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,679 satisfied customers

Attorney,17 years experience in consumer protection areas

P. Simmons

P. Simmons

Lawyer

1,227 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

604 satisfied customers

Licensed Texas General Practice Attorney

RobertJDFL

RobertJDFL

Lawyer

517 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Consumer Protection Law Questions
I purchased a used vehicle (2009 Chevrolet Equinox) on
I purchased a used vehicle (2009 Chevrolet Equinox) on January 6, 2018 with an extended warranty. During the ending of January, I began experiencing problems with the vehicle, thermostat, head gasket … read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
In NJ I brought an "as-is" vehicle, however, before I
In NJ I brought an "as-is" vehicle, however, before I received my title I found out it was a flood vehicle which they did not disclose. They offered to cut a check minus 20%. I feel I should get the f… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
150 satisfied customers
I bought a used car on Friday. On Sunday the transmission
I bought a used car on Friday. On Sunday the transmission broke down. I notified the dealer on Sunday (voice mail) had the car towed back to the dealer on Monday and also canceled the check I paid wit… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
I resemtly purchased a used car from a dealer who told me
I resemtly purchased a used car from a dealer who told me that the car had a current smog check and was ready to be purchased. I signed documents and file paperwork with my credit union to finance the… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
I sold my 2001 car on Craigslist for $2000. I was upfront in
I sold my 2001 car on Craigslist for $2000. I was upfront in ad about engine light being on. Buyer took for test drive and paid and took car. Title transfer paperwork was filled out and release of lia… read more
LegalGems
LegalGems
Lawyer
Juris Doctorate
13,962 satisfied customers
Automotive law. I live in MA and bought a used vehicle with
Automotive law. Hi, I live in MA and bought a used vehicle with over 125,000 miles from a dealership two and a half weeks ago. Upon receiving the vehicle, I took it for an inpsection and it failed for… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I sold a car (2006 Audi last smogged in 2014), with the
I sold a car (2006 Audi last smogged in 2014), with the buyer aware that the "check engine" light was on and the engine needed repair. The buyer test drove the car and was excited about buying it. I t… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I brought my vehicle in February, and its been in the shop
I brought my vehicle in February, and its been in the shop at least 3 out of the 4 months I've had it. Its a 2007 Lincoln Navigator. Is my vehicle considered a lemon?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Lemon Law Lawyer, I just purchased a 2011 Volkswagen GTI
Good Afternoon Lemon Law Lawyer, I just purchased a 2011 Volkswagen GTI about a week and a half ago from a dealership. To be honest I am ignorant when it comes to cars. So after I purchased my car I t… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
I own a Nissan Pathfinder 2005, purchased from a dealer with
I own a Nissan Pathfinder 2005, purchased from a dealer with approximately 48,000 miles on it. The vehicle has lived in the shop. It was recalled for a faulty transmission and radiator, replaced not o… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I purchased a car on Jan 10th I have a title and bill of sale
I purchased a car on Jan 10th I have a title and bill of sale there was a problem with the transmission that needed to be fixed which the dealer agreed to do before we picked it up. When we picked it … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
can I reject a new car (10days old) purchased from a dealer
can I reject a new car (10days old) purchased from a dealer with major transmission problem… read more
stevewlaw
stevewlaw
Doctoral Degree
206 satisfied customers
Hello, I purchased a 2006 suburu impreza, on 4/29/2013, 2
Hello, I purchased a 2006 suburu impreza, on 4/29/2013, 2 days later the car was making a terrible noise, the engine light came on, when I went to see the car, and they turned it on, the engine light … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
I purchased a 2002 isuzi have called him u rodeo from a wholesale
I purchased a 2002 isuzi have called him u rodeo from a wholesale dealer in Reno on December 28th. I took it for a test drive and it ran fine. It has 119,000 miles on it. He provided no written inspec… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
On 02/23/2012 I purchased a car with the "check engine" light
On 02/23/2012 I purchased a car with the "check engine" light on the car was taken to auto ZONE where test was run that indicate the motor is bad and will not pass New Jersey mv inspection. Can I canc… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
i bought a car in california and within two and a half weeks,
i bought a car in california and within two and a half weeks, the service engine light came on. i got it diagonised and found out two of the cylinders burned out. to fix it, it is going to cost more t… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I bought a car recently and found that there is a major problem
I bought a car recently and found that there is a major problem with it. The car was bought from a Dealer in Brooklyn NY. When I brought the car for inspection if failed. Someone removed the " Check E… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
We recently purchased 2002 CL600 Mercedes (Feb 17, 2010) 57,000
We recently purchased 2002 CL600 Mercedes (Feb 17, 2010) 57,000 miles for 26,000. I took the car in because the engine light was on and was informed that it was due to my gas cap not being closed. The… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
517 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x