Used car needing new motor after 2 weeks, could this fall under Georgia's fraud?

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I purchased a used car, 2 weeks ago, from a local dealer. Before purchasing I did talk to the mechanic/sales person that was at the lot, test drove etc... and always had someone with me when dealing with them I know buying used, as is, that there would be some repairs needed, I wasn't expecting a brand new car. Noticed when test driving, that there was a "rattle" from the engine area, but this wasn't all the time, asked the mechanic and was told it wasn't anything to worry about and it was a good car. Within a few days, had the same shop do oil change and tune up, within a week it starts overheating and noticing that the coolant had to be topped up just about daily 2 weeks in, I took to another shop regarding the "rattle" and to have it thoroughly checked out - received call yesterday - that the head gasket was needing replaced, as well as the "rattle" was from the bottom part of the motor and would need replaced as well. No Lemon law in my state, but is there a recourse I have? I called the lot yesterday, and have yet to receive a call back regarding. Also have been told, there are pending lawsuits regarding same dealer and "doctoring" of cars to sell.

Attorney Answer

1
Tashia Zeigler ·
This sounds like a truly frustrating experience. In order to prove fraud, you would need to demonstrate not only that the dealer knew about the head gasket and failed to disclose it to you, but that you exercised diligence prior to purchase in discovering issues. It may not be enough to say that you relied on the mechanic at the dealership; a court may find that you should have taken it to an independent mechanic prior to purchasing it. I've written an article that goes into more detail: http://www.thezeiglerfirm.com/2016/12/06/the-3-mistakes-almost-everyone-makes-when-they-buy-a-used-car/. Even though this may not be a "fraud" case, your facts could show that the dealership is responsible to you under other laws. Consider having a consultation with an automobile fraud or consumer protection attorney who can read the documents that you signed when purchasing the car. Depending on the value of the car and the cost to repair the engine, it may be worth it to hire an attorney. Best wishes!
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