Can I get a down payment refunded on a used car if it broke down?

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Can I get a down payment refunded on a used car if it broke down?

I went to a used car dealer and put $1000 down cash on used car. I have a receipt but the only document I completed and signed was a credit application. The dealer was to carry the contract but no terms were discussed, nothing signed, no warranty or lack of warranty disclosed. They got the temporary plate and registration in my name and I got full coverage insurance before leaving the lot. Again no contracts were signed or terms discussed. They just said drive it for the weekend and come in on Monday to do the paperwork and have the vehicle serviced. Then 6 hours later, after less than 8 miles of driving, the car overheated and I towed it home as it was past business hours. I am towing it to the dealer after having been avoide. I want a full refund. What are my rights?

Asked on June 26, 2012 under General Practice, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

Arizona has a Lemon Law (ARS 44-1261-67) but it does not include a 3-day window in which you can return a car and get your money back.  Under Arizona's law if you purchase a used car and it breaks down within the first 15 days or 500 miles, the buyer is required to give the seller an opportunity to repair the car.  Why did the car overheat?  Was there simply a lack of coolant?  Did the engine fan fail to come on?  It may be simple fix.  You can request a refund, and the dealer may be willing to give you one, but under the law, you need to give the dealer an opportunity, if he wants, to repair the car, and you may be required to pay $25 toward that repair.


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