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How can we get out of our contract with a used car dealership?

Mesa, AZ |

A week ago on Wednesday august 17th we purchased a car with a 500 dollar deposite. The next day the car would not start but before it could be towed it started again. This problem persisted and was towed on Monday august 22nd. The car was release from the shop today they 24th and again would not start when we went to pick it up from the shop. They mechanic said he gives up so we went back to the dealership, who is fully aware of the situation as it stood at that moment. They refuse to give me a new car I told them I dont want a car that I have only had for a week and doesn't work and they can't figure out what is wrong with it. I either want another car or my money back. And they are refusing both. What can I do to get out of the contract? What rights do I have?

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Filed under: Lemon law Used cars
Attorney answers 1


There are plenty of possibilities and not enough information here to say how to proceed. Most use car sales are sold on an "as is" basis. You were not clear as to whether you have a warranty, a service contract OR whether any of the work was being done by the dealer OR if there are writings to evidence the work. Once we sift through all of that it's possible you will have some recourse as this appears to be a breach of the "implied warranty of merchantability" which may allow you to unwind the deal.

There are other possible warranties that may have been created at sale, for instance if you stated you needed a particular kind of vehicle to do a particular kind of job and they said this vehicle could get the job done. There a warranty of fitness would be created and apparently breached.

Find a good consumer lawyer in AZ, Hyung Choi comes to mind and see what kind of help you may be able to get.

OR search for someone to help.

Good luck with it.