What legal recourse do I have if I purchased a car 3 days ago, and have since taken it to the emissions testing facility twice but it failed both times?

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What legal recourse do I have if I purchased a car 3 days ago, and have since taken it to the emissions testing facility twice but it failed both times?

I took it to a service shop to get it repaired so it would pass. they showed me that the catalytic converters had been removed, and it will cost $1200 to fix it.

Asked on July 1, 2015 under General Practice, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If when you purchased it, you received a warranty or guaranty, you can enforce its terms if they are helpful; a warranty or guaranty is a contract.

If you did not receive a warranty or guaranty, if you can show that the person or business which sold it to you either knew or reasonably must have (i.e. logically should have) known about the missing catalytic converters, then you could sue them based on fraud (misrepresenting, or lying about, something material, or important) and seek either monetary compensation (i.e. the $1,200) or to rescind (undo) the sale--you give car back, get money back in return. For the amount of money at stake, it may make sense to sue in small claims court, acting as your own attorney ("pro se") to save costs.


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 AttorneyPages.com 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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