What to do if I bought a car at a private dealer and days later it was making a weird noice so I took the car back to have it fixed but they refused?

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What to do if I bought a car at a private dealer and days later it was making a weird noice so I took the car back to have it fixed but they refused?

I bought a car at a private dealer and 2 days later it was making a weird noice so I took the car back to the dealer. I wanted it fixed or return the car and get my money back. The dealer refused. What should I do in this situation? Is there anyway i can make them fix the car or get my money back.

Asked on April 17, 2012 under General Practice, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I presume that the car that you bought is a used vehicle. If so, did the private dealer give you a warranty as to the vehicle when you bought it? If not, then most likely you bought it as is.

If so, then your only recourse with having the private dealer fix your vehicle at his or her cost is to show that the seller knew before the sale that the car had something wrong  with it that you have now discovered and this was not told to you before you bought it.

If so, then you would have a claim of concealment against the dealer. Proving concealment generally is a difficult thing to prove in a situation that you are writing about. If you can prove concealment and the costs to fix the vehicle are substantial in comparison to what you paid for it, you might have a legal basis to cancel (rescind) your purchase contract and get your money back.


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