Does the Unfair and Deceptive Acts and Practices law cover seller misrepresentation in a used car purchase?

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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 10 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.


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