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Category: Legal
Satisfied Customers: 56532
Experience:  Licensed attorney helping individuals and businesses
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If you buy a car and find defects in it and take it back to

Resolved Question:

If you buy a car and find defects in it and take it back to the dealership the very next day. Are you legally bound by the no opt out clause. The bank wrote and said the warranty information signed was wrong also and it would be higher than what was signed. The dealer promised there would be no problem to bring it back, but now there is a problem as I want another car and they want to do trade in already after one day and it makes my payments way too high.
Submitted: 8 years ago.
Category: Legal
Expert:  INFOLAWYER replied 8 years ago.

Was the car sold with warranties or as is? In what state?

Customer: replied 8 years ago.

The Car had a warranty on the engine and power train still. The 36,000 mile bumper to bumper had expired. Used Car had 44,000 miles. so I purchased an extended warranty at sale. State on North Carolina

Expert:  INFOLAWYER replied 8 years ago.
Given the warranty in place, you are entitled to repair to your satisfaction, or refund and the dealer cannot force you to trade.
Customer: replied 8 years ago.
What my question is , can they enforce the no opt out clause if I want to select another car instead of the defective one.
Expert:  INFOLAWYER replied 8 years ago.

Yes, provided it is covered by warranty and they are able to repair it unless you succeed to rescind the contract on the basis of fraud, misrepresentation and concealment

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