Can I return a used vehicle if it fails to make it home after I purchased it?

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Can I return a used vehicle if it fails to make it home after I purchased it?

I bought a used vehicle and on the way home the transmission goes out. I never made it home. Is it covered under the Unfair and Deceptive Acts and Practices law and can I return it and get my money back? What are my legal options?

Asked on February 14, 2011 under General Practice, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am assuming that you purchased the used car from a dealer and that it was purchased as you say, "as is."  Is trying to use your state unfair and deceptive practices act if the used car is sold "as is," as long as the dealer is guilty of a verbal deception or a failure to disclose information about the vehicle it will apply.  There are also other resources to use: the Federal Trade Commission's (FTC) Used Car Rule requires dealers to post a Buyers Guide in every used car they sell, including light-duty vans, light-duty trucks, demonstrators, and program cars. The Buyers Guide becomes part of your sales contract and overrides any conflicting provisions in your contract.  You may want to take your contract to an attorney to review on your behalf.  Good luck to you.


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