If I bought a used truck last month but since then it has had quite a few issues and now won’t run, does the dealer have to help me?
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If I bought a used truck last month but since then it has had quite a few issues and now won’t run, does the dealer have to help me?
There is no warranty and I signed an “as is” paper.
Asked on September 22, 2015 under General Practice, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you buy it "as is" and without a warranty, then they dealer would only be liable e.g. have to pay for the cost of repairs if they committed fraud when they sold it to you that means they would only be liable if they were aware of significant problems but, despite being aware of them, misrepresented or lied about them to get you to buy the truck. Furthermore, they would only be liable if the problems where ones which would not have been reasonably apparent to you when you were looking over/at the truck before buying it, because if you could have seen the problems, you would not be legally entitled to rely on their representations, since instead you have the evidence of your own senses. So if there was some lie about a significant issue which would not have been apparent to you, the dealer may be liable however, if they won't voluntarily pay, you'd have to sue them in court, and to win, you'd have to prove that they did know, or reasonably must have known anyone in their position would have known about the problem and hid it from you.
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