I recently purchased a 2002 Nissan altima, sold on "as-is" basis from a small local dealership, i was under the impression that cars must be able to pass inspection before they can be sold. the dealer informed me that although the odometer read 137xxx miles, the car received a newer engine which only had about 90-97xxx. the day before my 30day tags were to expire the office manager called me and told me that there had been a mix up with paper work on my inspection info so i needed to take the car to be inspected. Mind you my check engine light was previously on, and the dealer himself cleared it out only for the light to come back on and stay on. Now my car won't pass inspection and im riding with expired tags. They send me to mechanic after mechanic, but nothing has been done.
I dont think NC, same as most states, actually has a law that requires a car dealer to inspect a used car before selling it, but that's joy the end of it. NC does require vehicles to pass a basic safety inspection and if a dealer sells a vehicle that won't pass the inspection that is probably a violation of NC's Udap law, which makes it illegal to do anything that is unfair or deceptive to a consumer. Also, where an emission test is required, those states generally have a law that says if the dealer sells a car that won't pass, then the buyer can cancel the sale. Also the odometer statement has to reflect truthfully the vehicle mileage (not the miles on the engine). If you want to cancel then talk to the dealer. If they say no, then talk immediately to a local Consumer Law or Car Sales Fraud attorney near you. Look under the Avvo tab for Find a Lawyer or call your local bar association. Ray Postlethwait is in your state and Matt Norris too I think and they handle cases like this. If this answer was helpful, please give it a "Vote UP" review below. Thanks for asking and good luck.
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
It's completely possible that IF you have those repair attempts documented in writing that you may indeed have a warranty pursuant to the Magnuson Moss Consumer Warranty Act, which requires a "written" warranty. As Mr. Burdge notes, contact a local consumer protection atty and see what kind of help may be available to you.
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