Is there a car sales cancellation option in Ohio (24 hour or two days, etc.)?

Asked about 5 years ago - Akron, OH

We feel we have been mislead about the condition of the used car (as-is dealership purchase) because the engine light came on in less than 24 hours indicating a clogged catalytic converter. We suspect the computer was reset to temporarily show no engine light.

Attorney answers (1)

  1. Ronald Lee Burdge

    Contributor Level 20

    Answered . Ohio has a pollution device law that may give you the right to cancel the sale if the system was not operating properly when you got the vehicle. And that's not all. “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. But even in an “as is” sale you might get some legal rights anyway. For instance, in many 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 on this web site page: http://ohiolemonlaw.com/used-car-lemon-law.html . 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). Call Laura McDowall or Mark Willis in Akron, or your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-loca...) 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). 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 check the box below.

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