CanI get my money backon a used car purchase if the car has major mechanical issues wrong with it?
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CanI get my money backon a used car purchase if the car has major mechanical issues wrong with it?
I purchased car a car from a buy here/pay here place and I put $940 down; I arranged to make $260 a month in car payments for a year until the car is paid. I brought the car about 2 weeks ago and I begin to have issues with the car within days. Some of the issues with the car are: it rains in the trunk; all the back lights do not function properly (in order for the lights to cut off without killing the battery, I have to disconnect them from their main source of power); and it appears as if the car is having transmission issues. Upon calling the dealer and letting him know the issues, he informed me that I cannot get my down payment back.
Asked on July 11, 2011 under General Practice, Florida
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Here are some issues you need to research to figure out what rights you exactly have as related to this particular transaction. If the buy here pay here is a sales finance company and retail seller of motor vehicles and such licensing of both is required by your state's division of financial institutions or the attorney general, then the underlying transaction may actually be unenforceable to the illegality of non licensure and you might be able to cancel the deal. File a complaint with these two agencies and that will get the ball rolling. If you signed any document within the series of documents you signed that stated you are purchasing the car "as is", the issue is you assumed the risk and that may impact the situation if the first scenario above regarding licensure doesn't apply. Again, contact the agencies and file a consumer complaint; perhaps this very action may change the dealer's mind.
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