What are my rights ifI purchased a used car based on deceptive comments fromthe dealer?
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What are my rights ifI purchased a used car based on deceptive comments fromthe dealer?
I purchased a 2000 car from a dealer and they assured me it was in great shape because the previous owner was a mechanic and took care of the car because his wife drove it. It has a valid inspection sticker on it but when I had it checked out later we found these problems – tie rods on both sides would not pass inspection, cv boots leaking grease, wheel bearings shot, short in the left parking light, power steering fluid leaks at pressure hose near ps pump, and transmission fluid is discolored. Can I do anything to get my money back and void the contract without penalties? Does the Unfair and Deceptive Trade Acts Practices Act cover my situation?
Asked on March 17, 2011 under General Practice, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, it might. Virginia's new car Lemon Law covers demonstrators and used vehicles that are still covered under the original manufacturer's warranty. It does not cover other used vehicles. But there are several other types of laws that can be used to help you in the event you discover that you've bought a used car lemon. First, the Federal Trade Commission (FTC) has what's called the Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty and other types of information. If the dealer has in any way failed to abide by the FTC Used Car Rule, you may have the basis for a legal claim. Second, as you addressed, each state has what are called Unfair and Deceptive Acts and Practices (UDAP) laws. If the dealer has, for example, made verbal promises or didn't tell you about issues relating to your used car, you may have a claim against them. It seems that that is what may have happened here. Also, Virginia's version of the Uniform Commercial Code may provide you with relief. Good luck.
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