Can I return an “as is” vehicle if the car broke down and the dealership did not provide a safety inspection prior to purchase?
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Can I return an “as is” vehicle if the car broke down and the dealership did not provide a safety inspection prior to purchase?
When I purchased my car from the dealership they told me they “owed me an inspection”. 10 days after purchasing the vehicle, the clutch went out (it’s not driveable). DMV told me the dealership’s temporary tags are not legal because there is no state inspection. Since the vehicle is not driveable, and I cannot legally license it without that state inspection, what is the dealerships responsibility? Are they still, technically, responsible for the vehicle until it is has that state inspection? Can I return the vehicle and get out from under my contract?
Asked on October 31, 2010 under General Practice, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You have what is known as a used car lemon. Missouri's Lemon Law does not cover used vehicles, except in cases where the vehicle is a demonstrator or a lease-purchase, and has not been previously registered or titled BUT there are a host of other laws that may be able to help you here.
First, the Federal Trade Commission has a used car rule that requires dealers to post a Buyer's Guide in every Louisiana 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. Also, Louisiana laws say that a dealer has implied obligations, such as the soundness of the vehicle. In some states, however, dealers can get around implied warranties by selling the vehicle "as is."
A warrant of merchantability is an implied warranty and says that a vehicle will run like it's supposed to. While it doesn't cover every component of a vehicle, it does apply to its basic functions. In this instance, the buyer has to prove that the defect was present at the time of sale. Then there ar Express Warranties made by the dealer to you that are just not true. Also, every state has an Unfair and Deceptive Acts and Practices (UDAP) law. These laws can often be used even 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. Get some help with all of this. Good luck.
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