If we buy a car “as is” butand the sellerfails to disclose that the heater doesn’t work and the radiation leaks, who is responsible for fixing the car?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we buy a car “as is” butand the sellerfails to disclose that the heater doesn’t work and the radiation leaks, who is responsible for fixing the car?

When we bought the car they never told us that it had any problems. They said it runs great and we found out the radiator leaks and the heater doesn’t work.

Asked on February 15, 2012 under Business Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If there was a warranty or guaranty on the car, it is enforceable as per its terms.

2) If the seller knew or had reason to know of the problems you describe, they would have misrepresented its condition to you, to induce you to buy it. A material, or important, misrepresentation may be fraud, and fraud can provide a basis for either recovering compensation (e.g. the cost to repair) or even for rescinding the transaction (i.e. you give the car back; you get your money back).

If you think this is the case and the seller will not voluntarily make you whole, you could sue the seller.

3) If it's a new car, you may also have recourse under your state's Lemon 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption