If we buy a car “as is” butand the sellerfails to disclose that the heater doesn’t work and the radiation leaks, who is responsible for fixing the car?
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If we buy a car “as is” butand the sellerfails to disclose that the heater doesn’t work and the radiation leaks, who is responsible for fixing the car?
When we bought the car they never told us that it had any problems. They said it runs great and we found out the radiator leaks and the heater doesn’t work.
Asked on February 15, 2012 under Business Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) If there was a warranty or guaranty on the car, it is enforceable as per its terms.
2) If the seller knew or had reason to know of the problems you describe, they would have misrepresented its condition to you, to induce you to buy it. A material, or important, misrepresentation may be fraud, and fraud can provide a basis for either recovering compensation (e.g. the cost to repair) or even for rescinding the transaction (i.e. you give the car back; you get your money back).
If you think this is the case and the seller will not voluntarily make you whole, you could sue the seller.
3) If it's a new car, you may also have recourse under your state's Lemon Law.
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