Can a dealership sell a used car with a broken CD player?

I recently just purchased a use vehicle from a dealership and the vehicle was sold to me with a broken CD player and I also took the vehicle to my own mechanic to have it checked out and found that the sway bar was loose and I needed an alignment. I’m still under a 30 day warranty but the service department said that the sway bar isn’t covered under warranty and that they are not going to fix it. I didn’t buy the car as is and I wasn’t told that the CD player was broken. Also, they’re refusing to fix the sway bar because they say it has nothing to do with steering so therefore it’s not covered under warranty.

Asked on October 30, 2011 under General Practice, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, a car dealership can sell a used car with a cd player that does not operate properly to a customer. The issue is whether or not the car dealership knew that the cd player was not working when it sold you the car. If it did, the car dealership had an affirmative obligation to advise you of this fact.

If the dealership refuses to fix the cd player for you, your option is to pay to have it fixed yourself and bring a small claims court action against the dealership seeking reimbursement for the costs of its repair.

 


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