What is my recourse when all information in a new car purchase is not disclosed.
3 attorney answers
If, in fact, the modifications have voided the warranty, then the "as is" disclaimer is not going to insulate the dealer from liability. Under Michigan law, if a dealer makes an affirmative representation in the course of the sale (i.e., "this vehicle is still covered under VW's warranty"), then the buyer is entitled to rely on that statement and is NOT required to do further inspection or investigation. Also, the dealer may have violated the Federal Used Car Rule, 16 CFR 455, which makes it an unfair and deceptive practice to: (1) fail to disclose or misrepresent the status of a warranty, (2) misrepresent the mechanical condition of a used vehicle, and (3) to fail to properly complete and display a "Buyers Guide" on the window before offering the vehicle for sale. You'll want to consult with a knowledgeable lemon law attorney as soon as possible -- the sooner you act, the more likely it will be that you can achieve a satisfactory resolution. Good luck!
An "as-is" sale is difficult to overcome. This means you purchase the vehicle with all of its defects and non-conformities. It is your responsibility to get the vehicle inspected on such a sale, prior to purchase. However I suggest you provide your documents to an experienced Lemon Law attorney to see if there are any technical legal violations or other potential causes of action.
Contact the Michigan Attorney General's office and make a complaint against the dealership. Their failure to disclose defects and modifications It may affect their license to sell cars. Otherwise, you may have a hard time going around the "as is" stipulation in the contract...
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