Am I covered under the Unfair and Deceptive Acts and Practices (UDAP) law for a false representations by a car dealer?
Question Details:
I purchased 1998 Blazer from a car lot. The dealer told me that the front seat was broken and I was unable to test drive it. He stated that he would fix it. Because I was unable to test drive the car, he promised that if anything was to go wrong with it in the next 2 months that was concerning a major mechanical issue, he would fix it. Just a week ago the transmission went out and now he is trying to say that he never said what he did; and that he is not going to fix it. I purchased the vehicle "as is" but I do have a witness to his statements. I'm a single mother of a 2 year-old and i also care for my mother. I can't afford this repair.
The problem with purchases of used vehicles "as is" without any additional writing indicating the dealer's representations and promises is that you run out of possible legal recourse.
It could fall under UDAP but again the purchase "as is" may significantly compromise your ability to prevail. More likely than not, this car dealer is regulated by your state's banking department or attorney general as a retail seller. I think one other UDAP issue here is you were prohibited/prevented from taking a test drive. In essence, the vehicle should never have been placed on the lot to be sold because it wasn't fit to drive.
