What to do regarding repairs to a used car guaranteed by dealer?

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What to do regarding repairs to a used car guaranteed by dealer?

2002 Merceds purchase. Dealer agreed in writing to repair ABS (light was stuck on), paint, issue with key. Car paid for on 09-30-10, still have not received car. Were told the car was ready 10-08-10 but when we went to get the car we found the ABS repair light never came on, even at start up. They had disabled the wiring for the ABS light so it would appear they had repaired the item. We asked for our money back and received a sales cancellation agreement but they have not reimbursed the loan and still have the car. The original agreement was the loan check would not be processed until all repairs were made.

Asked on October 13, 2010 under General Practice, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Used vehicles are not covered under Georgia's Lemon Law.  You, however, were smart in having the repairs written in to the contract of sale for the vehicle.  If the dealer breached the contract then you have the remedies available to you under the law and/or under your contract.  Their act of disabling the ABS light borders on fraud.  You need to seek legal help in your area on the matter.  You need to bring your contract with you and any and all documentation as to the loan, etc.  I would also report them to the State Attorney General's Office or the Georgia Secretary of State, who licenses car dealerships I believe. And ask for attorney's fees in the matter as well.  Good luck. 


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