Am I responsible for a trade-in that is not running correctly?

I traded in a car to a dealership that was out of state,and they knew my car was in the shop being fixed. I told them this and that the mechanic said he would fix it. After the mechanic says he fixes it, the dealership has the car picked up on a flatbed tow truck and shipped out of state. I told them why it was in the shop and while it was there they had me mail them the title and they shipped me their car. Now they get the car and its not fixed right and there is more problems, they said i misled them which isnt true. Can I be held responsible for this? Shouldnt they have verified it was fixed?

Asked on July 17, 2012 under General Practice, Georgia


Paula McGill / Paula J. McGill, Attorney at Law

Answered 8 years ago | Contributor

First, look at the trade-in agreement you signed.  Does it have a special provision in the agreement for unforeseen car problems?

If not, they can argue fraud.  However, based upon the dealership's "expertise" and its ability to retain an out-of-state mechanic to check the car, it is not likely you will be held liable.  The dealership might have a claim against the mechanic who repaired the car.  However, that's not your concern.

This answer is based on the facts you provided.   The contract and undisclosed facts may change this answer.  Also, there is an issue of choice of law.  Georgia law may not apply here if the contract places controlling law in the other state.

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