Am I covered under the Unfair and Deceptive Acts and Practices law for a false representations by a car dealer?

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Am I covered under the Unfair and Deceptive Acts and Practices law for a false representations by a car dealer?

When I purchased my car the owner had replaced some fuel pump sensor and told me that if I had any problems that he would take care of it. The next day my car started shutting off while I was driving. I took it to the dealership and left it there for 3 days and they told me they fixed it. It started doing the same thing the next day. I took it back to them and they had it for 2-3 days and once again told me they had fixed it. The power steering pump is about to go out & they told me they will fix it. Now they are trying to tell me I have to pay to have it fixed. I put $2500 down on the car and it broke down on me again last Monday. They had to replace the fuel pump and they put a used fuel pump from one of their other cars. One of their mechanics told me they cracked the valve cover gasket when they were putting in the used fuel pump and now my car is smoking when I drive it. The owner is trying to tell me I have to pay for the valve cap gasket that they cracked. I have to turn the key 3-4 times before actually cranking the car or it won’t start. I am in college and work full-time and I gave them everything that I had.

Asked on March 23, 2011 under General Practice, Alabama

Answers:

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

Answered 11 years ago | Contributor

So you are aware that Alabama does not have a used car lemon law.  And you are correct that every state has an Unfair and Deceptive Acts and Practices (UDAP) law. These laws can often be used even if the used car is sold "as is," as long as the dealer is guilty of a verbal deception or a failure to disclose information about the vehicle. There are also other laws that may protect you and some of them are Federal Laws:   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. You are lucky here that it was a dealer that sold you the car.  Call the state Attorney General's office asap.  Good luck.


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