If acar dealer sold me a used car as a new car, what is my recourse?

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If acar dealer sold me a used car as a new car, what is my recourse?

I recently purchased a brand new vehicle that had just over 100 miles on the odometer. Then 2 days after the purchase, I found a hotel receipt in the sunvisor clearly showing the dealership owner used the car to visit a local hotel for an extended weekend. So my brand new car was used by the owner for personal travel prior to my purchase. What is my recourse or liability of the dealer for selling a “used” car as new?

Asked on March 5, 2012 under General Practice, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the issue. In some states, a dealer use may be allowable but it definitely doesn't equate to being a new car. You need to contact the dealership owner and explain what you found. Explain that it is unfair and deceptive activity and you want more taken off the car in terms of what you paid (or part of your loan paid off if you have an open loan on it). If that does not work, file a consumer complaint with the office of the attorney general who handles such consumer complaints. If that doesn't help (you sometimes have to exhaust this route), feel free to sue.


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