How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

I purchased a used car from a dealership in Kansas almost 30

Resolved Question:

I purchased a used car from a dealership in Kansas almost 30 days ago and it has
been in their shop for 2 weeks of this time. It has a major problem with the motor
and I want my money back. When I bought the car I was told I had a 30 day
return. They are trying to get out of this. Can they do this?
Submitted: 6 years ago.
Category: Legal
Expert:  TexLaw replied 6 years ago.

Zachary D. Norris :


Zachary D. Norris :

Was the car brand new or used?

Customer: replied 6 years ago.
It was used.
Expert:  TexLaw replied 6 years ago.
If the car was brand new when you purchased it, then you likely have the right to return. See:

If the car was used, then you are going to have to force the return either for a breach of warranty or for a misrepresentation regarding the car.

If you signed an "As Is" agreement, which is usually the case, then it is unlikely that they breached a warranty. In that case, you need to make a claim against the car dealer or seller for "Money had and received, misrepresentations and fraudulent inducement."

You will want to first write a letter threatening the car dealer with legal action. If the amount in controversy is less than $4,000.00, then simply file a case in small claims court.
Customer: replied 6 years ago.

I read on the internet on that Kansas does not permit as is sales.

Expert:  TexLaw replied 6 years ago.
My legal research has been unable to establish that what you found is true. The cases I just read through allowed as is warranties. However, they can't represent that the car is in good condition, and then sale you one that is not in good condition. If they made any sort of representation like this, then they misrepresented the condition of the vehicle to you, and you can likely force a return.
TexLaw and other Legal Specialists are ready to help you