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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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Bought a used car with no warranty and the next day, it

Customer Question

bought a used car with no warranty and the next day, it lights up like a Christmas tree with check engine, air bag light's obvious that he had these lights reset before showing it to me. Do I have any legal recourse against the seller?
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: north carolina
JA: Has anything been filed or reported?
Customer: filed? I don't understand.....I haven't done anything yet but am getting ready to file against the seller in small claims court
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of at the moment
Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 year ago.

What state is this in regards to? And is the seller an individual or a dealer? And the amount of purchase?

Customer: replied 1 year ago.
North carolina, probably going to be close to $4000 including court costs etc. Also, I've been reading and NC has an unfair and deceptive practices statute buyers can invoke.......i was curious about the details of that statut
Customer: replied 1 year ago.
Statute that cut off by accident
Expert:  legalgems replied 1 year ago.

I'm sorry; your customer information page kept showing you were offline while I was waiting for a response from you; So when a car is sold as is, that removes the protection of warranties, including the implied warranty of merchantability (this warranty presumes the car is able to be used for the purpose for which it is typically used-i.e. a car will be in a condition so that it can be driven); this is also codified at N.C.Gen.Stat. § 25-2-314(2)(c) and confirmed by case law (Ismael v. Goodman Toyota).

Code 20-294 deals with motor vehicles; please see here - page 10 and 11 allows for suspension and revocation of a dealer's license for defrauding a buyer, plus a $1,000 fine.

Here is the statute that is the Unfair and Deceptive Business Practices Act:

§ 75-1.1. Methods of competition, acts and practices regulated; legislative policy.

(a) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful.

(b) For purposes of this section, "commerce" includes all business activities, however denominated, but does not include professional services rendered by a member of a learned profession.

(c) Nothing in this section shall apply to acts done by the publisher, owner, agent, or employee of a newspaper, periodical or radio or television station, or other advertising medium in the publication or dissemination of an advertisement, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement and when the newspaper, periodical or radio or television station, or other advertising medium did not have a direct financial interest in the sale or distribution of the advertised product or service.

(d) Any party claiming to be exempt from the provisions of this section shall have the burden of proof with respect to such claim.

That is located here

Despite an as is provision, the dealer can be liable for failing to disclose known defects; please see:

Generally the cost of repair is the allowed damages, plus court fees. The buyer must prove that the dealer was aware of the issue and fraudulently failed to disclose them.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 1 year ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.