What to do about as used car that has broken down after only 2 1/2 days?

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What to do about as used car that has broken down after only 2 1/2 days?

Used can as 95,350 miles, no warranty, paid cash. Now it’s on the side of the road because the  transmission when out. Bought it 2 1/2 days ago.

Asked on January 21, 2011 under General Practice, Kentucky

Answers:

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

Answered 10 years ago | Contributor

Did you purchase the car from a dealer?  I hope that you have something evidencing the sale, such as a bill of sale at least.  Although Kentucky does not have a lemon law for used cars, you can get some form of justice under certain conditions.  First, the Federal Trade Commission (FTC) has what's called the Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty and other types of information. If the dealer has in any way failed to abide by the FTC Used Car Rule, you may have the basis for a legal claim.

Second, each state has what are called Unfair and Deceptive Acts and Practices (UDAP) laws. If the dealer has, for example, made verbal promises or didn't tell you about issues relating to your used car, you may have a cause of action. Third, Kentucky's version of the Uniform Commercial Code may provide you with relief. Good luck to you.


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