If you’re paying a note on a car can it be considered as being bought “as is”?

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If you’re paying a note on a car can it be considered as being bought “as is”?

I put a down payment on an used car. I took the car to a mechanic and found out the car had a bad transmission. I haven’t began paying notes yet. But I would like to get my $3000 back I have newborn baby that needs to get back and forth to the doctors and only want a reliable car. I talked to dealership and they say I bought the car as it but I didn’t buy the car yet. Is there any way I can get my money back or can I even get my money back?

Asked on April 7, 2012 under General Practice, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Once you sign the agreement (or contract) to purchase, or otherwise show your acceptance of the offer to sell you the car, such as by putting down a down payment, you have bought the car and you are obligated to the terms of the contract or agreement of sale--the fact that you have not yet begun paying the note has no effect.

However, if the dealership either knew or, more importantly, *should* have known about the bad transmission (that is, there is no way that a reasonable dealership would not have known) and failed to disclose that issue to you, they may have committed consumer fraud. Consummer fraud can give you grounds to rescind the transaction, or return the car and get your money back; it can also give you grounds to recover monetary compensation. If the dealership refuses to correct the situation in some way (e.g. by fixing the transmission for you), you should speak with an attorney to discuss your options. Good luck.


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