I bought used car that broke down within a few days, can I sue the dealer?
6 attorney answers
According to the information you have provided, you have a problem with a car dealer; specifically, you may have purchased a vehicle without proper disclosure or in a situation where the prior use, condition, history or type of vehicle was misrepresented. Fortunately, I have a lot of experience defending and suing car dealers. Prior to forming my own practice in 2002, I represented several car dealers. Since forming my own practice, I represent consumers and no longer represent any car dealers. I have sued several car dealerships for selling a used vehicle without proper disclosure. You have provided some basic information about your problem, but it would be helpful to review the contract documents.
It sounds like you may have a claim for breach of contract, fraud and unfair and deceptive trade practices. Just because something is sold "as is" does not give the seller a license to lie about the prior use, condition or history of the vehicle. There are certain disclosure laws that apply to car dealers selling cars to consumers versus a dealer selling someone a vehicle for commercial use.
It would also be useful to read a detailed time line in chronological order reflecting the dates and the specific details of what happened. I really need to know what representations were made, when they were made, who was present, the details and date/time of all communications with the car dealer, any finance company or any repair shop relating to your potential matter. It is very important that you also provide a chronological copy of the relevant documents including but not limited to any advertisements that may pertain to your vehicle, any documents you obtained from the dealership, finance company or repair shop.
Ordinarily, you should not get the vehicle repaired or dispose of the vehicle unless and until it has been inspected by your expert and the other side has been given a significant opportunity to inspect the car as well. Otherwise, you may be subject to a defense that you spoiled the evidence.
Again, based on the information you presented, you may have a case under Florida Unfair and Deceptive Trade Practices Act or another cause of action. Effective July 1, 2013, a law requires specific demand letters to car dealerships or you will lose valuable rights. It is usually advisable to retain an attorney before pursuing litigation. I wish you the best in the future.
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It is always advisable to have a used vehicle inspected before you purchase it. However, just because you bought the vehicle “as-is” does not mean that you are necessarily out of luck. If the defects in the engine vehicle were there when you purchased it (and it sounds like they were) and the dealer knew about it but misrepresented the condition of the vehicle to you or kept it a secret, then you may have a fraud claim. You may also have a claim under your state UDAP (Consumer Law) Statute. However, laws vary from state to state, so you should contact a consumer law attorney in Florida to review your case and look over your paperwork. Your paperwork may even reveal additional violations you do not even know about. To find a consumer law attorney in your state, you can go to www.USLemonLawyers.com. You can also look for one on Avvo under the “Find a Lawyer” tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is a limited amount of time to file a lawsuit in court before your rights expire.
Good luck,
Beth Wells
www.CarSalesFraud.com
www.BurdgeLaw.com
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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.
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Your paperwork will likely control, which means probably not. However, if the dealer misrepresented the car and you found out later, you may have a remedy. You need to consult with a consumer fraud lawyer near you. Use Avvo find a lawyer feature to help you locate one near you
The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.
You may, but it would cost you. You have no warranty claims, because you bought the car "as is." But generally (need to check FL law) you still can "revoke acceptance" of the goods if the goods are "substantially impaired in value" to you. Unfortunately, it is not a fee-shifting claim. Interestingly, revocation of acceptance is a self-help remedy, which is effective upon notice, so if you revoke, it takes place, and then the dealer will have to sue you to prove your revocation unjustified. The bottom line is, it depends on how much money is involved. If substantial amount, it might be worth your while to hire a lawyer knowledgeable in FL commercial code.
Dmitry is a giant killer with a lot of experience suing car dealers. With respect to your question about whether there is an automatic right to cancel a contract to purchase a car within three days. The general answer is there is no three day right to cancel the transaction but, as always, there are exceptions. I'll give you some general guidelines. Consumers can rescind a contract if it was induced by fraud and the parties can be returned to the status quo. Consumers can revoke acceptance of a car if he or she received non-conforming goods, e.g., the consumer buys a 6 cylinder and later learns it is a 4 cylinder. Consumers would need to revoke acceptance in a reasonable time. Consumers can rescind a transaction if the sale involves a retail installment sale contract and the buyer has not taken delivery of the vehicle. Consumers can sometimes cancel a contract as part of a remedy if there is a breach of warranty and suit is brought under the Magnuson-Moss Warranty Act. Consumers can cancel some deals if they have not received a copy of the retail installment sale contract and have not taken delivery of the vehicle. Section 520.07(c) of the Florida Statutes provides that "[u]ntil the seller has delivered or mailed to the buyer a copy of the retail installment contract, a buyer who has not received delivery of the motor vehicle shall have the right to rescind the agreement and to receive a refund of all payments made and return of all goods traded in to the seller on account of or in contemplation of the contract or, if such goods cannot be returned, the value thereof." Consumers probably can void a usurious contract under some circumstances or one that calls for finance charges in excess of Section 520.08, but that is rare. The age issue (i.e., the buyer being a minor) or some other lack of capacity oftentimes makes a contract void or voidable. There are certain protections for home solicitation sales. A consumer who entered into a contract to purchase goods or services worth more than $25 is usually allowed to cancel the contract up until midnight of the third business day after the contract was signed if the act of signing took place at any place other than the seller's business location. For home improvements, a contract to repair, make a replacement to, remodel, alter, convert, modernize, improve, or add to any land or building used as a single-family dwelling or residence in which financing is involved, may be cancelled by certified or registered mail up until midnight of the third business day after the contract was signed. Of course, consumers should always review their specific facts with an attorney to ensure that an exception to the above statements does not apply. For some car buying tips, check out articles on my website: http://fortheconsumer.com/articles.htm If this answer is helpful, please mark it as so and have a happy new year.
Not likely. merely because the car is crappy does not over come AS-IS sale. This means it was up to you to inspect the car prior to purchase. You will need to show that the dealer fraudulently induced you to buy the vehicle, which is a very difficult and often expensive battle.
Your paperwork controls. The likelihood is you are struck since you bought it in whatever condition it was in AND you chose not to have it evaluated by your own mechanic. Seek some legal guidance with all your papers.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices.
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