Does the Unfair and Deceptive Acts and Practices law cover seller misrepresentation in a used car purchase?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does the Unfair and Deceptive Acts and Practices law cover seller misrepresentation in a used car purchase?
I purchased a used car from a private seller (that has sold over 50 cars, basically a dealer without a car lot.) While driving home the transmission started acting up. I took it to a mechanic who states the transmission is shot. The car was promoted as having a recently (10,000 miles) rebuilt transmission and 26 MPG was written on the windows of the car. The car mileage is no where near the 26MGP because the car won’t go into 4th gear now. The MPG isn’t the issue, however the missing 4th gear is a real problem. What recourse do I have as a buyer? Does the UDAP apply?
Asked on August 15, 2011 Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I would seek help in your area on this matter. The state of Georgia does not have any help for those that purchase used cars in private sale and because there is no license here, the FTC rules and other federal requirements for a dealer is a used car are not available for you to rely on. But I really think that from what you have written here this is a dealer operating with out a license to deal cars. I think that may have an effect on your situation should they in fact be found to be a dealer. I think you should report him to the state attorney general's office and file a complaint. Find out who ever licenses used car dealers in Georgia and speak with them too. You want him characterized as a dealer to avail yourself of federal law. But a private contract based upon fraud and misrepresentation is always an issue for the courts. Good luck.
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.