Am I covered by the UDAP on my used car?
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Am I covered by the UDAP on my used car?
I recently bought a car from a dealership who told me that the car passed their inspection. That they did not have to do anything to the car. I spent almost $6000 on this car to find out a week later that the engine block was cracked. Meaning that I cannot drive this car everyday. I contacted the dealership and they are not willing to do anything for me except offer me $300 towards a new engine which a new engine for this car cost $1000 or more. Would I have a case? Or am I just screwed?
Asked on August 1, 2011 Oklahoma
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The Unfaid Deceptive Practices Act (UDAP) varies in each state in that each state has its own statutes as to what is defines as unfair deceptive practices and the penalties for its violation.
If you purchased a used car from a dealership, the dealership had an obligation to disclose to you all known about the vehicle. You need to obtain all diagnostic testing that the dealership has concerning this vehicle in that it seems odd that one week after purchase that the engine block was discovered cracked by you.
You need to have an mechanic come up with an opinion as to when this crack occurred (new or old crack) to assist you in your dispute with the dealership.
If the dealership knew that the engine block had a crack in the vehicle when sold to you and failed to disclose this fact, you have a basis for rescinding (cancelling) its purchase and getting your money back.
I suggest that you contact your state's bureau of automotive repairs to make a complaint against the dealership. This entity is in chrage of fielding and investigating consumer complaints in the automotive industry.
Good luck.
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