What to do if I bought a used car from a dealer and there seems to be a roach infestation in the car which was not mentioned when purchasing?

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What to do if I bought a used car from a dealer and there seems to be a roach infestation in the car which was not mentioned when purchasing?

The car was not bought “As Is”. I have been researching and I believe someone would have to rip up the carpets and take out the dashboard to get rid of them and that can be pricey. Is there anyway that the dealer can be held responsible and pay for it to be fixed or take the cost off of the final payment?

Asked on June 17, 2013 under General Practice, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In the absence of a warranty or guaranty covering this condition, you could only hold the seller liable if he/she committed fraud: that is, if the seller knew of the condition and, knowing of it, misrepresented (lied about) the existence of the condition in order to get you to go through with the transaction. If the seller did not know, he/she would not be liable. If the seller did know and will not voluntarily provide compensation, you could sue the seller for the cost to correct the problem.


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