Can it get a refund if I bought an “as is” car and it broke down?
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Can it get a refund if I bought an “as is” car and it broke down?
I purchased a used car which was sold “as is”. On the way home it broke down; the transmission went out. I had the car towed back to the lot and they say they are fixing it, however I no longer want the car. Can I get out of the loan? I was told there were absolutely no problems. I am from Liberia Africa and have a language barrier so I didn’t understand what was going on and the company was taking advantage of this by not financing the car that I truly wanted. They claimed “it was too old and might break down, so banks won’t finance it”. I want out.
Asked on August 8, 2011 Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It appears that Oregon's Lemon Law only applies to new vehicles, so it won't help you, unfortunately. In the absence of a statutory remedy, the terms of the agreement of sale will bind. If you bought the car "as is," you bought it "as is"--any problems or issues are yours to deal with, and will not allow you out of the transaction. The exception would be if you could show there was fraud in the transaction--e.g. that intentional or knowing lies about something important were made to get you to enter into the deal, that you reasonably (or understandably) relied on those misrepresentations, and that you would not have entered into the transaction but for the lies. If you can show fraud, that may give you grounds to rescind the transaction, though since it would take a legal action to force this to happen (if the seller won't do it voluntarily), it may or may not be worthwhile (and remember: a lawsuit is never a guaranty--you could sue and lose).
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