Can I sue if a car salesman for my money back if he sold me a car that cannot pass emissions and now he in inconviencing me trying to fix the car?

I purchased a car and after 2 weeks the car began stalling. I took it to the lot and he promised to fix what ever the problem was. I have been without a car for ever a week. He did not give me a loner car and the car also keep failing to pass emissions testing (which I later found out that it is law for a car to have a current emissions at the point of sale). I call every day. Most of the time no answer. I gave him $3000 of my money. What are my options?

Asked on July 30, 2012 under General Practice, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, the sale of a car by any seller is presumed to pass the emissions test of a given state unless there is a full disclosure by the seller that the car has issues as to such.

In your matter, it appears that you would be entitled to get you money back of you no longer want the car based upon what you have written. I suggest that you consult with an attorney that practices in the area of automotive law to assist you in getting the legal recourse that you desire.

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