Can i get around the "As-Is" warrenty on a used car from a dealer?

Asked over 1 year ago - Ingleside, TX

I bought a used car from a local dealer and on the test drive everything was fine. But now it has only been two weeks and the transmission is slipping in reverse and the check engine light came on. I called and talk to the dealer he said "We will only give you a discount on the parts plus $40 dollars an hour to fix". I'm still making payments on the car and its only been two weeks. Is there anything I can do?

Attorney answers (3)

  1. Brian Heath Crockett

    Contributor Level 16

    2

    Lawyers agree

    Answered . You might try taking the car to a mechanic and find out if there is any obvious damage that should have been known to the dealership. If they failed to disclose the problem to you before you purchased then you could sue for a dtpa violation.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more
  2. Ronald Lee Burdge

    Contributor Level 20

    2

    Lawyers agree

    Answered . It isn't easy to get around "as is" but not impossible. Practically speaking, “as is” isn’t always legally as is, even though every car dealer wants it customers to think so. Still, “As Is” can be a hard thing to get around in a used car sale. In most states, your legal rights in a used car sale are mostly determined by the paperwork that you sign, what was told to you by the dealer, and if the dealer hid anything serious about the vehicle from you. But even in an “as is” sale you might get some legal rights anyway, even if the dealer says you didn’t and even if you thought you didn’t. And besides that, if the seller hid something from you that they knew and also knew you would want to know about before committing to the purchase, then that can be fraud - regardless of any “as is” sales attempt. Also, in some states an oral representation by the seller may over-ride a written disclaimer of warranties. Also in every sale there is a “warranty of description of the goods” which means that if the sales contract describes the vehicle then the vehicle you get must match the description. Also there’s a federal law that requires all car dealers to post on the window of all used cars they are selling a special “Buyer Guide” form (it’s often called a Used Car Window Sticker) that discloses your warranty rights. Many small lot car dealers don’t comply with the law. If they don’t, then you may end up with a warranty after all and you may even have the right to cancel the sale. The back side of the form has to be completely filled out and many car lots, big and small, fail to do that too and that can also trigger your right to cancel the deal. You can see what the Buyer Guide form looks like at the link below. Once you have already spent your money, it's not too late to have an independent repair shop inspect it and tell you what they think, but the best time is before you put down your hard earned money. If less than a few thousand dollars is involved, you may want to go to Small Claims Court on your own instead of getting an attorney. To find out what your rights are in your state, you need to talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud). You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (www.USLemonLawyers.com) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. And please be sure to mark the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.CarSalesFraud.com, www.USLemonLawyers.com

    What does a Used Car Buyer Guide warranty form look like? Click Here and see
    http://ohiolemonlaw.com/used-car-lemon-law.html

    What is Fraud? Click Here to find out
    http://www.avvo.com/legal-guides/ugc/what-is-fr...

    For a Free 50-state National List of Consumer Law Lawyers, Click Here
    www.USLemonLawyers.com
    or
    http://www.ohiolemonlaw.com/ocll-site/ocll-loca...

    How can you avoid buying a lemon used car? Click Here to find out
    http://www.avvo.com/legal-guides/ugc/how-to-buy...

    Learn the tricks of car sales fraud so you don’t become a victim, Click Here
    www.carsalesfraud.com

    Are you a victim of fraud? Learn the 3 kinds of fraud, Click Here
    http://ohiolemonlaw.com/fraud-victim.html

    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your... more
  3. Scott Richard Kaufman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Mr. Crockett and Mr. Burdge are exactly right. Get a low or no cost consultation from a consumer protection atty right away like someone found here:

    http://www.calemons.com/national-locator/

    http://www.calemons.com/

    http://www.naca.net

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