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insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 55444
Experience:  Practicing lawyer for 31 years
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You probably read something like this a million times. Put a

Customer Question

you probably read something like this a million times. Put a down payment on a used vehicle which was suppose to be refundable pending the results of an independent inspection. The inspection revealed several issues not disclosed by the dealer, one of which was climate control which was said to be inoperable, which my mechanic said was a major issue and pass on the vehicle.
I reviewed the inspection report with the salesman and that I would pass on the vehicle. He presented me with a conspiracy theory in which the inspection report was all lies and that the inspector had it in for the dealership. All is documented.
At that point, I cancelled the deal and requested my deposit back. You know where it went from there. The salesman cited that I was late with the inspection by two days which I wasn't and that the terms of deposit return was for major mechanical... of which climate control is a huge portion. In any event, I have documentation via messaging, and email.
The whole point of an independent inspection was to make sure the vehicle had no issues before the purchase.
Thanks for your help,
John S
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 1 year ago.

Hi John. My name is ***** ***** I look forward to helping you.

You absolutely have recourse here. What you want to do is raise the stakes on them. You have the right to terminate the transaction and return the car with a full refund of your money. Even though it's a used car and there is no warranty, you still have recourse. A seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the car. And your inspection showed items that the seller knew or should have known about and it clearly qualifies as a material item that a reasonable buyer would consider in making their decision. You can tell the seller in buying the car without a warranty you were relying upon his duty to disclose anything material they knew. You should send the seller a certified, return receipt requested letter detailing the history and misrepresentation and lack of disclosure and demand they take the car and refund your money in full within a short specified period of time. Inform your seller that if your demand is not timely complied with, you will have no choice but to file a suit against him for your damages. BUT be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, the seller will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

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