My car broke down 20 mins after I bought it & I could lose thousands – a detail in my contract will ‘protect dealership’

A DRIVER requested legal advice online after they said that they purchased a used car and it broke down before they even got home.

The car buyer went to legal experts with details about their unfortunate situation.

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The vehicle owner explained to a lawyer on JustAnswer Legal, named Legal Eagle, that they “purchased a used car ‘as is.'”

“It broke down 20 minutes into my ride home from the dealership,” they explained in their inquiry.

“[The] Dealership says the car is done for and they don’t want to give me back the money I put as a down payment. Is there anything I can do?”

The driver went on to say that they “understand what ‘as is’ means.”

“But I feel like because the car didn’t even make it the [one] hour drive back to my property, I should be able to do something to ensure I get some kind of refund,” they added.

“The vehicle literally broke down on the highway in the middle of rush hour traffic TWENTY minutes after leaving the dealership. If the engine failed that quickly there had to have been a problem with the car that the dealership did not fix before selling me the car.”

The consumer said the dealership didn’t disclose any issues that the automobile had before they made the purchase .

“They even raved about the car and its condition,” they added.

“The dealership had it inspected a month before I purchased it and it passed inspection.”

The driver said they’re so sure the dealer knew “something wasn’t right” that they believe the seller “used my lack of knowledge about cars to scam me into buying a vehicle with a bad engine.”

The legal pro told the driver that they “would have a claim here.”

“The law doesn’t require that it run for a certain amount of time; however, if it broke down so soon it is likely they knew of something and didn’t tell you,” the lawyer stated.

Legal Eagle stressed that “‘As Is’ sales do not immunize sellers from fraud causes of action.”

The driver did buy the vehicle with the understanding that they drove it off the lot “as is,” which makes the situation a bit harder for them.

Dealership Tips

Here are some expert tips when purchasing a car from a dealership lot:

• 1. Set your price: Ensure you’ve calculated your monthly budget before going to the lot. You should include the car’s loan payment, insurance costs, fuel, and regular maintenance.
• 2. Research: Make sure you know which cars you’re interested in test driving before you reach the dealership.
• 3. Pre-approval: Secure financing before you go to the dealership. Dealerships may give you a better interest rate if they are competing with an outside bank.
• 4. Test away: Get behind the wheel before making any payments. A car purchase will be worth thousands of dollars – drivers should ensure they like the drivetrain, steering feel, and comfort of the car before taking it off the lot
• 5. Haggle: Drivers should always try to negotiate the price. There are so many good cars on the American market – buyers have a strong hand when negotiating price.

Source: Kelley Blue Book

The lawyer said there are still particular ways they can approach taking legal action against the seller.

“Fraudulent misrepresentation basically means that they made a material statement or omission that would induce a person to purchase the vehicle,” Legal Eagle stated.

“Dealers are also liable for misrepresentations of the condition of the vehicle.”

He told the car buyer that wouldn’t “mean that the deal is automatically canceled.”

“But it DOES mean that the buyer would have the option to threaten legal action or actually take legal action in court,” Legal Eagle said.

“One thing to remember is that a fraud cause of action essentially entails proving that the seller lied to the consumer in order to convince him or her to purchase a vehicle.”

That being said, if the car dealer did lie to the buyer, the legal pro said they’d have to be able to prove it with the representation of a consumer rights attorney.

“You may want to consider just writing a formal demand letter to the dealer for a refund, repairs, or replacement.