How can I get my money back from buying a used car that has transmission problems?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I get my money back from buying a used car that has transmission problems?

I bought a used car last month for $3000. The car was being sold “as is” so I asked the owner if I could have a warrenty own the car. He said yes for 90 days. Last week my the transmission started slippping all of a sudden when trying to go up a hill. I called the person that I purchased the car from and asked him about getting our money back. He said no, just get it up here and he would see what he could do. I got the car to them and was called back later that day. They said that they would put a transmission in but I have to pay 1/2 of the cost.

Asked on March 28, 2012 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you bought the car "as is," you most likely cannot rescind the agreement (return the car, get your money back) unless you can show that the owner knowingly misrepresented or lied to you about something material to induce you to enter into the sale. For example, you'd have to show that the owner knew of the transmission problem and deliberately concealed it from you.

If you were given a warranty, even an oral one, you may be able to enforce it (oral agreements are enforceable); therefore, you may be able to force the owner to pay for the repair or replacement of the tranmission. However, if he does not voluntarily pay the full amount (it sounds like he'll pay half), you'd have to sue him for the rest of the money, which may or may not be worth it. (Bear in mind that while an oral agreement or warranty is enforceable, it's not always easy to prove it's existence or terms--hence winning, if you sue him, is not a given.)


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption