Who is covered under the Unfair and Deceptive Acts and Practices (UDAP) law for false representation?

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Who is covered under the Unfair and Deceptive Acts and Practices (UDAP) law for false representation?

I recently purchased a car from an auto broker in GA for my daughter. The broker assured me that their cars are inspected by a mechanic and problems were fixed before they are sold. Based on this, I purchased the car and signed a document that stated the car was sold “as is”. Almost immediately, the car began having problems. I had it taken to a reputable repair shop and they found 10 issues with the car totalling almost $4000. The mechanic that looked at the car indicated that these issues should have been spotted by a qualified mechanic. Do I have any recourse?

Asked on December 1, 2010 under General Practice, South Carolina

Answers:

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

Answered 10 years ago | Contributor

From my understanding, Georgia has passed the “Fair Business Practices Act of 1975,” O.C.G.A. Section 10-1-390 et seq., which is the primary consumer protection law of Georgia and is enforced by the Governor’s Office of Consumer Affairs. The Act regulates unfair or deceptive practices in consumer transactions (that is, transactions for personal, family or household purposes.) This law must be read in conjunction with the case law on the matter, i.e., how the courts have viewed and determined the same or generally the same set of acts.  I would call the Governor's Office of Consumer Affairs and the State Attorney General's Office in Georgia and see where to go from there.  What will take you from "buyer beware" to "deception" may be a large burden to overcome. Good luck.


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