What legal recourse do I have if I purchased a car 3 days ago, and have since taken it to the emissions testing facility twice but it failed both times?

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What legal recourse do I have if I purchased a car 3 days ago, and have since taken it to the emissions testing facility twice but it failed both times?

I took it to a service shop to get it repaired so it would pass. they showed me that the catalytic converters had been removed, and it will cost $1200 to fix it.

Asked on July 1, 2015 under General Practice, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If when you purchased it, you received a warranty or guaranty, you can enforce its terms if they are helpful; a warranty or guaranty is a contract.

If you did not receive a warranty or guaranty, if you can show that the person or business which sold it to you either knew or reasonably must have (i.e. logically should have) known about the missing catalytic converters, then you could sue them based on fraud (misrepresenting, or lying about, something material, or important) and seek either monetary compensation (i.e. the $1,200) or to rescind (undo) the sale--you give car back, get money back in return. For the amount of money at stake, it may make sense to sue in small claims court, acting as your own attorney ("pro se") to save costs.


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