Consumer Protection Law

Consumer Protection Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Consumer Protection Law

I bought a 2007 mustang son. I bought from dealer as is. The

Customer Question
I bought a 2007 mustang...
I bought a 2007 mustang for my son. I bought from dealer as is. The transmission went a week later. The dealer wont give refund or fix car. I spent 14,000 on this car. I read a law which was passed oct. 2015 that I have 30 days to return my car or dealer fix. Is this true and does this law applies to Georgia.
Submitted: 1 year ago.Category: Consumer Protection Law
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 6 minutes by:
3/24/2016
Consumer Protection Lawyer: Brent Blanchard, Esq, Lawyer replied 1 year ago
Brent Blanchard, Esq
Category: Consumer Protection Law
Satisfied Customers: 1,975
Experience: Thirteen years' experience in consumer transactions and litigation
Verified

Thank you for your question.

Please give me some time to check out whether Georgia law really contains such a provision.

In the meantime, please don't be surprised if the law either applies only to new cars, or only to used cars sold with a warranty, or both.

Ask Your Own Consumer Protection Law Question
Consumer Protection Lawyer: Brent Blanchard, Esq, Lawyer replied 1 year ago

Here we go.

OCGA § 10-1-785, "Compelling Replacement or Repurchase", applies only to new cars and is enforceable against the manufacturer. It also has some requirements to mediate or otherwise try to settle the dispute before filing a court case. No 30-day period to exercise the consumer's rights.

OCGA § 33-63-6 and -7 deal with "Guaranteed asset protection waiver agreements" being subject to cancellation by the consumer under certain conditions. I have never heard of these transaction documents, but I doubt that any business-savvy car dealership would give something like this to buyers--those parts of the law grant consumers a strong 90-day right of cancellation and full refund of all unearned portions of the purchase price [???] paid to date.

This is based on a computer-based search of Georgia laws containing the words "vehicle" or "car" or "automobile" and the word "refund". Most of the 23 laws found dealt with tax refunds of various sorts, licensing, and canceling a deal BEFORE taking delivery of the vehicle.

Thank you.

Ask Your Own Consumer Protection Law Question
Customer reply replied 1 year ago
what your saying is there is no law to protect consumers that purchase used cars?
Consumer Protection Lawyer: Brent Blanchard, Esq, Lawyer replied 1 year ago

Nothing with the specific remedy that you asked about.

Often the ONLY recourse possibilities with used car, "as-is"* purchases are:

Fraud or intentional or negligent misrepresentation in making the sale. The wrongful conduct is in essentially lying about what the car IS. A Rolls Royce that is actually a VW Bug with aftermarket fiberglass body is a bad example, because just looking under the "hood" or in the "trunk" would reveal its true nature, and all of those variations on misrepresentation claims require that the victim's reliance on the lie be "reasonable."

Lemon law IF the car needs the SAME problem repaired two or three times (this varies by state) unsuccessfully, AND IF the state's lemon law applies to used cars, AND IF the lemon law applies even to as-is sales.

A warranty claim IF the seller still offered some sort of guarantee. I've never seen it, but I'm also sure that someone somewhere has done the paperwork with a warranty and an as-is clause. The warranty would trump as-is.

An extended warranty or service contract claim IF the buyer bought that service.

Thank you.

*"As-is" happens to be one of the contract terms that really means what it says, and courts always enforce what people agreed to on this subject.

Ask Your Own Consumer Protection Law Question
Ask Brent Blanchard, Esq Your Own Question
Brent Blanchard, Esq
Brent Blanchard, Esq
Brent Blanchard, Esq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1,975
1,975 Satisfied Customers
Experience: Thirteen years' experience in consumer transactions and litigation

Brent Blanchard, Esq 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

6,930 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,422 satisfied customers

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

Barrister

Barrister

Lawyer

1,607 satisfied customers

Attorney,17 years experience in consumer protection areas

Tina

Tina

Lawyer

1,587 satisfied customers

17 years legal experience including consumer protection law.

P. Simmons

P. Simmons

Lawyer

1,184 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

582 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Consumer Protection Law Questions
I live in California and I want to know about the lemon law.
Second opinion] I live in California and I want to know about the lemon law. I purchased a 2014 Ford Fusion from Car Max and it is very unsafe. The car shuts off on me while I'm driving with no warnin… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I live in California and I want to know about the lemon law.
I live in California and I want to know about the lemon law. I purchased a 2014 Ford Fusion from Car Max and it is very unsafe. The car shuts off on me while I'm driving with no warning. It happens on… read more
Thelawman2
Thelawman2
Doctoral Degree
1,298 satisfied customers
I need an attorney to help me with a car Extended warranty
hello I need an attorney to help me with a car Extended warranty problem. Can you help me? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I have a 2013 Dodge Durango the has an extended warranty
I have a 2013 Dodge Durango the has an extended warranty through The Warranty Group. The vehicle needs a new engine. The shop has made a request to use a remanufactured engine. The warranty group has … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an extended warranty contract with a company called
I have an extended warranty contract with a company called Warrantech. They have sent an incompetent service provider who did not fix my refrigerator and may even have damaged it. I've called repeated… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Does the "lemon law" cover used vehicles that have "as is"
Does the "lemon law" cover used vehicles that have "as is" on paperwork even though it is a "certified" used vehicle? Have only owned vehicle less than 2 months. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Does the Arizona Lemon Law apply to a leased new vehicle?
Does the Arizona Lemon Law apply to a leased new vehicle? That is, can the lessee file claims under the statute in the same way a buyer could?… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Do you know if there is a 'lemon law' for automobiles in the
Do you know if there is a 'lemon law' for automobiles in the state of Utah? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I recently purchased an extended warranty for my 2010 chevy
i recently purchased an extended warranty for my 2010 chevy tahoe. when i was on the phone with the rep, i was told to give an estimated mileage of my vehicle. i told the rep i would have to call him back, being that i was at work and had to go outside to check the mileage and would have to call him back. he then told me this was a internet special for one call only and i could not call him back looking for the same price for the warranty. i gave 105,000 (i have not checked the mileage since i bought the vehicle a year ago) although the actual mileage was 111,000. now, i recently took the truck for repairs at a dealership, and the warranty company is denying to pay for the claim since i gave them the wrong mileage. the dealership has already begun repairs totalling $3500. is there anything i can do? i plan on calling the warranty company this morning to dispute their decision. … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a question about a lemon law in nj. would you be able
I have a question about a lemon law in nj. would you be able to assist … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
I was wondering if there was a lemon law for a person who
I was wondering if there was a lemon law for a person who sales a car "as is" when he claimed that the car had no mechanical issues or transmission issues before I purchased the car I have text messag… read more
Attorney 1
Attorney 1
2,571 satisfied customers
Can I cancell extended warranty that I really didn't want
Can I cancell extended warranty that I really didn't want new car? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I purchased a new car yesterday with an extended warranty.
I purchased a new car yesterday with an extended warranty. I've not taken delivery of the vehicle yet. I still want the car but don't want to purchase the extended warranty. The dealership is giving m… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,002 satisfied customers
I have an extended warranty on my bike if i dont use it
i have an extended warranty on my bike if i dont use it should it be refunded … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
6,930 satisfied customers
I purchased a extended warranty to cover my car with 93,000.
I purchased a extended warranty to cover my car with 93,000. Currently, my car has a failed engine and the company is balking at paying for repairs. They say they don't know how it was maintained befo… read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
I finance an extended warranty along with the note and once
I finance an extended warranty along with the note and once I got home and looked at all the paperwork and found out how much the extended warranty costed extra in the loan I called the finance manage… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an extended warranty that authorized repairs to my
I have an extended warranty that authorized repairs to my vehicle and after authorizing it they then declined to pay. They then dropped me as a customer and said they would reemburse me all my payment… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I purchased a extended warranty for my truck in December of
I purchased a extended warranty for my truck in December of 2013 for $5000. This warranty was good for 5 years 100,000 miles. I was told at the time of purchases that I could cancel at anytime and wou… read more
LegalGems
LegalGems
Juris Doctorate
10,718 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