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Realized a used car I had purchased was a lemon within hours. The guy returned my m.o. and now wants to force me to pay. Can he?
Salt Lake City, UT
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Posted 2 months ago in Lemon Law
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I bought a used car for 800. Paid ernest money that left me with 500 balance. After the first night, I found a huge oil leak that would not have manifested itself in a regular test drive as it took sitting in my driveway overnight for it to become evident. I realized this less than 24 hours after paying the balance on the car. The seller returned my un-cashed M.O. and now, two weeks later, is demanding that I complete the purchase even after confiding that the oil leak was a greater problem than he originally led me to believe. Can he force me to complete a sale that he previously refunded the funds for and told me numerous times that I could back out of?
Answers (1)
Ronald Lee Burdge
This attorney is licensed in Kentucky and 1 other state.
Posted about 1 month ago.
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Probably not. It sounds like he admitted he ws wrong and then decided to change his mind. In a used car sale, your legal rights are mostly determined by the paperwork that you sign. Look to see if anything was written down about any kind of warranty or guarantee or right to cancel the deal. But that’s not the end of it. If the seller has agreed to cancel the sale, then that voids the agreement. If he again changes his mind, then start looking at your paperwork again. There’s also 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 whether or not a warranty comes with the car. 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 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-locate_local.shtml) 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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