I got it on the 19th of july but it hadn't been serviced yet so couldn't take it til the 23rd. The next day transmission light came on so called them and they picked it up and they say needs new transmission! They either want me to get a different car or pay $500.00 towards it but i just want my money back!
Adam S. AlexanderCredit Repair AttorneySouthfield, MIMI licensed ·
it sounds like you didn't get a warranty with the vehicle. Accordingly, it may be difficult to get your money back. If you purchased the vehicle "as-is" (with no warranty) it means you buy it with all its defects and nonconformities. Essentially, because the vehicle is not warranted, you really have no claim. If there is no warranty as to the vehicle's mechanical ability, the only potential claim you may have is for fraud, (ie. odometer fraud, title fraud). I would be sure to do a title search to determine the chain of title of the vehicle and whether it was in a significant accident. This will usually also tell you if the odometer is rolled back. Finally, if the seller is a licensed dealer, they must have a "Buyer's Guide" posted conspicuously on the vehicle before you purchase it. This Buyer's Guide is required by the FTC and includes various notices regarding the vehicle and the warranty or service contract. If there was no Buyer's Guide, this fact may be used as some leverage to get you out of the vehicle or get it fixed. I suggest you contact an experienced consumer protection attorney in your area to review your situation. You can find one at www.naca.net.
Without more info, it's hard to tell what your legal rights are so I can only give you some general rules. In a used car sale, your legal rights are mostly determined by the paperwork that you sign. Look to see if anything was written down about any kind of warranty or guarantee or right to cancel the deal. But that’s not the end of it. There’s also a federal law that requires all car dealers to post on the window of all used cars they are selling a special “Buyer Guide” form (it’s often called a Used Car Window Sticker) that discloses whether or not a warranty comes with the car. Many small lot car dealers don’t comply with the law. If they don’t, then you may end up with a warranty after all (although dealers never admit it) and you may even have the right to cancel the sale (they won’t admit that either). The back side of the form has to be completely filled out and many car lots, big and small, fail to do that too and that can also trigger your right to cancel the deal. You can see what a Used Car Buyer Guide warranty form looks like on this web site page: http://ohiolemonlaw.com/used-car-lemon-law.html . Before you decide to buy a used car next time, read this .com guide on How to Avoid Buying a Lemon Used Car in 7 Steps: http://www.attorneyqna.com/legal-guides/ugc/how-to-avoid-buying--lemon-used-car-in-7-steps. Once you have already spent your money, it's not too late to have an independent repair shop inspect it and tell you what they think, especially about the transmission now, but the best time is before you put down your hard earned money. Still, there is more than one way to get rid of a bad car or to get even when you’ve been ripped off. But you need to talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud). Don’t call a lawyer who writes wills. Or one who handles criminal cases (even though you probably think the dealer who you bought from is a criminal) because this is a special area of law. Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give me a thumbs up below. Ron Burdge, www.CarSalesFraud.com, www.OhioConsumerLaw.com
