Is a used car purchase overed under the Unfair and Deceptive Acts?
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Is a used car purchase overed under the Unfair and Deceptive Acts?
My wife just bought a used car a week ago. We’ve had it in the shop for low coolent. Just yesterday the brake and ABS lights came on. When the car was in the shop we found out that the motor is not the one that came with the car. Do we have any right to go back and ask them to fix these problems on their dime? Do we have any legal grounds on which to get our money back? The car was bought “as-is”.
Asked on February 12, 2011 under General Practice, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am assuming that you purchased the used car from a dealer and that it was purchased as you say, "as is." Is trying to use your state unfair and deceptive practices act if the used car is sold "as is," as long as the dealer is guilty of a verbal deception or a failure to disclose information about the vehicle it will apply. There are also other resources to use: the Federal Trade Commission's (FTC) Used Car Rule requires dealers to post a Buyers Guide in every Michigan used car they sell, including light-duty vans, light-duty trucks, demonstrators, and program cars. The Buyers Guide becomes part of your sales contract and overrides any conflicting provisions in your contract. You may want to take your contract to an attorney to review on your behalf. Good luck to you.
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