Am I covered by the UDAP on my used car?

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Am I covered by the UDAP on my used car?

I recently bought a car from a dealership who told me that the car passed their inspection. That they did not have to do anything to the car. I spent almost $6000 on this car to find out a week later that the engine block was cracked. Meaning that I cannot drive this car everyday. I contacted the dealership and they are not willing to do anything for me except offer me $300 towards a new engine which a new engine for this car cost $1000 or more. Would I have a case? Or am I just screwed?

Asked on August 1, 2011 Oklahoma


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The Unfaid Deceptive Practices Act (UDAP) varies in each state in that each state has its own statutes as to what is defines as unfair deceptive practices and the penalties for its violation.

If you purchased a used car from a dealership, the dealership had an obligation to disclose to you all known about the vehicle. You need to obtain all diagnostic testing that the dealership has concerning this vehicle in that it seems odd that one week after purchase that the engine block was discovered cracked by you.

You need to have an mechanic come up with an opinion as to when this crack occurred (new or old crack) to assist you in your dispute with the dealership.

If the dealership knew that the engine block had a crack in the vehicle when sold to you and failed to disclose this fact, you have a basis for rescinding (cancelling) its purchase and getting your money back.

I suggest that you contact your state's bureau of automotive repairs to make a complaint against the dealership. This entity is in chrage of fielding and investigating consumer complaints in the automotive industry.

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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