What can I do if I bought a car for cash from a buy here pay here but I’ve only had it 34 days and the transmission has failed?

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What can I do if I bought a car for cash from a buy here pay here but I’ve only had it 34 days and the transmission has failed?

I’m also missing a part. The dealership tells me they won’t pay for it. Engine or transmission problems are not an

Asked on March 15, 2016 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The issue becomes one of fraud, when you buy something "as is": you are only entitled to compensation, or to rescind (undue; i.e. return car, get your money back) the transaction is the other side committed fraud. Fraud is when the other side knows about a significant issue or problem but, knowing of it, lies about it to get you to enter into the transaction, and you had no reason to doubt them. If the dealer knew, or logically must have known (the problems necessarily would have been obvious to anyone in their position) about the issues, then may have committed fraud. If you think this was the case and they won't voluntarily take the car back or offer other compensation (e.g. the cost to repair), you could try suing them for fraud.


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