Is a used car purchase overed under the Unfair and Deceptive Acts?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a used car purchase overed under the Unfair and Deceptive Acts?

My wife just bought a used car a week ago. We’ve had it in the shop for low coolent. Just yesterday the brake and ABS lights came on. When the car was in the shop we found out that the motor is not the one that came with the car. Do we have any right to go back and ask them to fix these problems on their dime? Do we have any legal grounds on which to get our money back? The car was bought “as-is”.

Asked on February 12, 2011 under General Practice, Michigan

Answers:

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

Answered 10 years ago | Contributor

I am assuming that you purchased the used car from a dealer and that it was purchased as you say, "as is."  Is trying to use your state unfair and deceptive practices act 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 it will apply.  There are also other resources to use: the Federal Trade Commission's (FTC) Used Car Rule requires dealers to post a Buyers Guide in every Michigan 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.  You may want to take your contract to an attorney to review on your behalf.  Good luck to you.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption