IfI purchased a car but it won’t pass inspection, how do I get my money back?

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IfI purchased a car but it won’t pass inspection, how do I get my money back?

Took it to be inspected right after purhcase. How can I get my money back if they will not give it to me?

Asked on August 19, 2010 under General Practice, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should speak with an attorney who can evaluate the entire situation for you and advise you as to your recourse, since much depends on the specific facts, such as whether it was a new or used car, whether there was a warranty or guaranty and its terms, whether the dealer knew of the problem, what the problem is, how much to fix and how readily fixable it is, etc.

In brief, the fact that a car cannot pass inspection almost certainly does not provide grounds to return the car for a refund, unless the reason it cannot pass is some significant and difficult-to-remedy issue. For lesser problems, there is a good chance you can at least force the dealer to pay for the cost of remedying (and possibly reinspecting) the vehicle, but again the exact situation matters: a new car, with warranty, for example is a very different case than a 10-year-old used car bought "as is."


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