Can I do anything about a used car purchase that was sold as is?

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Can I do anything about a used car purchase that was sold as is?

I took the car to a certified dealership after I bought it and they told me the cost of repairs would be more than half the cost of the car. The dealer I bought it from is ignoring all my calls intentionally. Is there anything I can do?

Asked on October 12, 2012 under General Practice, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

IF the following factors exist, then you should be able to sue the seller based on fraud, and either seek compensation (money) or else rescind the sale (return car, get purchase price back):

1) The problem(s) are ones which were not reasonably detectable by you, as the buyer, when you examined the car;

2) The problem(s) existed when you bought the car;

3) The seller was aware of the problems, or reasonably had to be aware (any seller in that circumstance would have known of them);

4) Knowing of a problem which was not readily detectable, the seller still intentionally failed to disclose it, in order to get you to go through with the transaction and buy the car.

However, if the seller did not know of the issues, you would have no recourse: fraud requires knowledge and an intentional or knowing failure to disclose a condition which the seller should have disclosed (or even more, some affirmative lie by the seller).

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country the seller of all items is required to disclose to all potential buyers all KNOWN items with the item that affects desirability or price paid. If the seller of the vehicle knew of problems with the item sold you he or she is responsible for the costs of repair even if the item was sold "as is".

You have the burden of showing that the car dealership knew of problems with the vehicle before you purchased it.


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.

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