Am I covered under the UDAP law for a used car?

UPDATED: Aug 3, 2011

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Am I covered under the UDAP law for a used car?

I just bought a used car. I haven’t even had it in my possession for 4 days because I was going back and forth from the house to the dealership. On the buyers guide it showed “as-is” but the dealership never verbally said anything was wrong with the car. All I got was a paper that said ride and drive 100%, cold A/C, 4×4, and air bag light is on. But I had problems with the transmission, no air blowing, no cruise control, no horn, and the door locks don’t, and the dealer said nothing is wrong with it when we take it back to them yet I have witnesses that saw it not work while driving.

Asked on August 3, 2011 Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

UDAP, also known as the Unfair and Deceptive Acts and Practices Act precludes unfair and deceptive business practices by a business with respect to services or products sold to a consumer. To fall within this act which is both federal and to some extent implemented by statute by various states, the consumer must show that the business was unfair, dishonest, unethical or lacked morals in dealing with the consumer. This act is broad and violations of it are determined on a case by case basis.

If you can prove that the dealership know of problems with the used car that you bought but did not disclose these problems to you before puchase, then you have possibly proven a violation under the statute that you have written about.

I suggest that you consult with an attorney who practices in the area of automotive law about your situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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