Can I return an “as is” vehicle if the car broke down and the dealership did not provide a safety inspection prior to purchase?

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Can I return an “as is” vehicle if the car broke down and the dealership did not provide a safety inspection prior to purchase?

Asked on March 25, 2011 under General Practice, Florida

Answers:

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

Answered 10 years ago | Contributor

Florida's Lemon Law does not cover used vehicles. Lucky for you though that you got it from a dealership. 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. Also, if the dealership said that they provided a safety inspection and they did not, , the Unfair and Deceptive Acts and Practices (UDAP) laws may apply. If the safety issue has to deal with a car not passing inspection then it may very well apply and even be fraud.  If the dealer didn't tell you about issues relating to your used car, you may have a cause of action. Seek legal help here.  Good luck.


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