While this may be a good way to save money in purchasing a used car, things rarely go smoothly in practice. The buyer often ends up with a car that does not meet their expectations or, worse, has some hidden problem that is about to haunt them. And so a question may arise, "Can you sue a car dealership for selling you a bad used car?" that will depend on all of the factors of the sale, the specific rules of your state or country, and whether or not the dealership acted with deceit or negligence.
In this article, we'll discuss your rights as a used car buyer, any legal options you might have, and things to consider in your decision to file a lawsuit against a dealership.
To Know Your Rights While Purchasing A Used Vehicle
Knowing how rights can swing for or against you when buying a used car is valuable. These protections, of course, vary with the type of transaction and what jurisdiction one is in. Generally speaking, your rights as a buyer are influenced by three main factors:
- Many used cars are sold "as-is." This is a sales arrangement that absolves the dealership of any responsibility for problems that might appear after the sale. A buyer under a "as-is" agreement accepts that the vehicle is as is and that the seller has made no warranties or guarantees. The dealership is sometimes let off the hook if the vehicle breaks down or has an unknown flaw.
- Some states or countries have statutes that impose an implied warranty of merchantability, even if a car is sold strictly as is. That means the car must have enough time to function as a vehicle. In such cases, you could file a claim for a breach of an implied warranty based on unsafe driving conditions or serious latent defects.
- A dealer commits fraud if it knowingly gives you false information regarding the history, condition, or features of the vehicle. For example, it would be possible to take the dealer to court if it sells you a car that has a defective engine as it states it is in great condition while knowing this to be wrong.
Suitability of an Automobile Dealership
If you feel that the used car dealers sold you a bad used automobile, then you have a number of legal grounds on which you can base your lawsuit against the dealership. Some of them include:
Breach of Warranty: In case the dealership will not replace or repair the vehicle, you can file for a breach of warranty against them if you develop major flaws that the guarantee accompanying the car covers. Many certified pre-owned cars come with warranties having limited periods, and this is common in such vehicles.
Breach of Contract: If the dealership has broken any of the agreements or specific promises that it made in selling, such as its promise to make the problem right before you receive the automobile then there may well have been a breach of contract. You can sue.
Fraud or Misrepresentation: You can probably sue for fraud or misrepresentation if the dealer conceals major defects, rolls back the odometer, or lies about the condition of a car. Generally speaking, to prove fraud, you must prove that the seller knew he was deceiving you and was aware of the defect.
Violation of Consumer Protection Statutes: Dealerships are prohibited from committing deceptive or unfair practices under consumer protection statutes in many states. Unless and until any of these statutes were violated by the dealership, you probably have a right to sue under the relevant consumer protection statute. That could include forgery of the car's history or selling a car with a title showing it was declared a loss but doing so without revealing that fact.
Actions to be Taken Before Filing a Lawsuit against a Car Dealership
Before you ever decide to file an auto dealership lawsuit, here's what you do:
Take the time to really read the sales contract and any other warranties that were given to you when you bought the automobile. If the deal is being made "as-is," look for any warranty information or conditions that will limit your legal options.
You can first approach the dealership in person to try to reason out the matter. Many dealerships are more than willing to work with clients on resolving matters or even paying out. Maintain any correspondence and file it for future use in case you decide to file a lawsuit later.
Hire a qualified mechanic to inspect your car to ensure that it has no hidden faults or mechanical problems. It can reveal the status of the vehicle and help conclude if the dealer mispromised the vehicle or even knew that its flaws existed.
Conclusion
It is possible to sue an automobile dealership for selling a used car, but the outcome is going to depend upon the terms of sale and the conduct of the dealership. First, make sure you have strong evidence of wrongdoing before filing your claim, and speak to a lawyer so you will know your options. Therefore, at WeBuyCars.ae, we ensure quality and transparency in all deals over vehicles, so that car buyers can avoid a situation that may force them to make a court action.