Am I able to return a used cat that I bought yesterday and get my money back?

UPDATED: Aug 28, 2011

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Am I able to return a used cat that I bought yesterday and get my money back?

I bought a truck yesterday, less than 24 hours ago and put down $1500. When I got it home my husband looked at it and figured out that my truck had at one point had been submerged in water up over the hood of the truck. Later, as it got dark, we realized that anything electrical inside the truck (i.e. radio, lights do not work). He had tried to replace the fuse, but it pops it everytime we put one in. The car lot I bought this at did not say anything about the fact that it had been underwater or anything about the electrical. Is this covered under the Unfair and Deceptive Practices Law?

Asked on August 28, 2011 Florida


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

Answered 11 years ago | Contributor

Here is what the state attorney general's office says in Florida:

Buying a car "as is" disclaims all warranties. You should not expect any legal protection if the car is a "lemon." In Florida, there is no Used Car Lemon Law. If the dealer does not affirmatively disclaim all warranties in writing, you will be covered at least by implied warranties of merchantability (the product will do what it is supposed to do), fitness for a particular purpose (dealer's advice that the car will be suitable for a particular use, such as hauling a trailer), and a good title. If the dealer provides its own written warranty, read the terms carefully to determine what repairs are covered, the extent of coverage (parts, labor, deductibles, exclusions) and the other terms and conditions.

But you may bee protected under other laws, like the Unfair and Deceptive Pracitces law.  The Federal Trade Commission's (FTC) Used Car Rule requires dealers to post a Buyer's Guide in every Florida used car they sell, including light-duty vans, light-duty trucks, demonstrators, and program cars. The Buyers Guide becomes part of your sales contract and overrides any conflicting provisions in your contract. I would seek help here.  Good luck.

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 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.

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