Is there any legal action that I can take regarding my used car purchase?

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Is there any legal action that I can take regarding my used car purchase?

I bought a used car from a car lot, money in hand, and title signed. He said the car worked great and said only the sunroof had issues. He didn’t tell me it had bad brakes and electrical issues

that killed the battery. I asked if I could return the vehicle and he said he would switch it out for another. However, every vehicle he offered, he would say was junk and didn’t want me to have it.

He kept doing this for 4-5 weeks. At this point, he has the car back. He never responds to my texts or calls, so I went to his higher-up, she verbally agreed to give me a full refund for the car but now I can’t get a hold of her or the man. They have my money, my car but are never are at the car lot or pick up the phone. This has been over a month and I have tried to reason with them and said I would have to bring the law in if they don’t get the money to me. I need to know what I can do legally?

Asked on May 4, 2019 under Business Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue the dealership on serveral grounds to get your money back:
1) Fraud: if thery knew about the electrical issues and brakes but did not tell you, they misrepresented (lied about) material (important) facts and that is fraud; fraud is grounds to recover your payment.
2) Breach of contract: you paid them for a car. That means you give them money, they in turn give you a car. If they keep your money while also keeping the car, they have violated the contract.
3) Unjust enrichment: they can't take your money, which you obviously paid to get something (a car) without providing the thing you paid for--they would unjustly (or unfairly) "enriched" if they were allowed to do that.
So you have several grounds to sue them, and a lawsuit is your only recourse. 


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