CanI geta refund for a car that I purchased from a dealer?

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CanI geta refund for a car that I purchased from a dealer?

I recently bought a used car from dealer. I realised some problem with the car the very next day. Hence I returned the car within 2 days from the purchase as the dealer had 7 days exchange policy. Later, I was negotiating with the dealer to get the refund. However the dealer refused and said the he can only switch out to an another car. However there is not another good used car that i like in the dealer’s inventory. I feel, exiting the deal with the refund is the best solution to me. What options available to me?

Asked on February 8, 2012 under General Practice, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, VA's Lemon Law appears to only apply to new cars, so you have no recourse under it. That means, that subject to the below, you are limited to the recourse  or remedy the dealer has chosen to provide, which in this case is exchange--the law does not generally require seller's to provide refunds, unless they voluntarily choose to.

You write that there was "some problem with the car." If that is a material or significant problem which would affect any buyer (e.g. it's not just a problem for you, such as that you realized you require a different type of car for your needs), and if you believe the dealer knew of the problem but intentionally failed to disclose it, or even actively misrepresented the issue(s), to you, that may be fraud. For example, if there is a drive train or motor problem, which the dealer knew about but concealed from you, that could be fraud. If fraud was committed, that could provide a legal basis to rescind the transaction--that is, you return the car and get your money back.


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