What legal action can I take if I bought a defective used car?

I recently purchased a used car. Upon driving the car home (200 miles), I noticed the braking system failing. The next morning I took the car into a shop that informed me that the reason the car was having such a hard time braking was because the braking system was being held together but a wire (that was not supposed to be there) the shop owner explained that this was not right at all and that I was simply lucky to be a live. I have the report and also the wire that was used. This car was purchased from an official dealer. I’ve also called the dealer in regards to this and got no reply.

Asked on September 14, 2014 under General Practice, California

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

Most lemon laws, as well as federal laws protecting car buyers, do not apply to used cars.  There are exceptions, such as when a car dealer sells a warranty with the used car.  However, in your case, if the dealer knew that the brakes were being held together by a wire, then his representations to you about the car may well constitute fraud.  Consult an attorney in your state about a possible claim for fraud.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.