What rights do i have when buying a used car "as is"

Asked about 4 years ago - Port Richey, FL

Flag

we recently purchaced a used car from a "buy here pay here" place. once we got it home it stopped running. they sent someone to look at it and the only thing they did was strip out the new battery we put in. it is now at the dealership with a $1000 cost to fix.
is the seller liable to pay any of the cost.

buy the way the seller has not returned any calls only talks through email

what can i do

Additional information

the seller told us that it ran fine before we bought it and then when we had a problem stated that he had problems with it once a week.

and the car stopped working the minute we got it home.

Attorney answers (1)

  1. Pro

    Contributor Level 19

    Answered August 09, 2009 19:22. “As Is” is 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 can 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 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 or you can go to this web site page (http://ohiolemonlaw.com/locate-a-local-attorney...) for a nation-wide listing of consumer lawyers 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). Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please check the box below.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,797 answers this week

2,568 professionals answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,797 answers this week

2,568 professionals answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary