What to do if the dealer can’t fix my car?

UPDATED: Sep 1, 2012

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What to do if the dealer can’t fix my car?

I bought a used car on an “as is” contract. The car broke down on my way home from the dealer. The dealer took the car back and still has not been able to fix the problem. They worked on this same problem several months ago, before I ever bought the car. It has been a month since I purchased the car. I took out a loan and am paying interest on a car I don’t have.

Asked on September 1, 2012 under Business Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country the seller of an item such as a car is required to disclose all material items as to it affecting price paid or desirability to a potential buyer. Failure to do so is a form of fraud called "concealment". In the matter that you have written about, even though you bought the car "as is", it seems that the dealer recognizes a problem with it that is its responsibility to fix.

I suggest that you speak with the dealership's manager about the dealership cancelling your purchase of the car where your loan is paid off by it and the dealership keeps the car. If that is not acceptable, I suggest that you consult with an attorney that practices in the area of automotive law.

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.

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