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 9 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 9 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.


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