Do we have any rights to return a car since it does not run as promised?

UPDATED: Sep 4, 2012

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Do we have any rights to return a car since it does not run as promised?

My husband and I purchased a car 1 week ago today. The salesman promised we would get 40 mpg and that there had never been a problem with the car. In the week that we have had it, the car has only gotten 24 mpg and 2 days ago, the right front axle started making a popping sound. The engine is also ticking. We bought the vehicle as is, but we were promised it was safe and reliable for our family.

Asked on September 4, 2012 under General Practice, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The promises that the saleperson made you are "puffing" which is typical in the automobile sales industry and allowed. However, even though you purchased the vehicle "as is" if there are problems with the car requiring repair, and the seller knew of such problems before the sale to you and did not disclose the problems to you, there was concealment of the issues and the seller would be responsible for making the repairs at his or her own costs.

I suggest that you go down to the car dealership and speak with the manager to see what can be done for you with respect to the car you bought. Unless you can prove that the seller knew of problems with the car and did not disclose such to you, you unfortunately seem stuck with your vehicle.

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 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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