What are my rights if a car was sold under false pretenses?

My son purchased a used car from a dealership about 4 days ago in which I accompanied him. The Buyer's Guide stated the vehicle would be sold As Is- No Warranty. Nothing else explaining any issues was written on that notice nor disclosed to us at anytime during the transaction. We signed the papers & took the car. Later my husband found the Buyers Guide under the seat & the dealer had written in ink that No Systems were covered and the vehicle was being sold as a "mechanic special in need of engine repairs." Customer has heard and is aware of noise coming from motor. Sold as is. "None of this info was provided to me beforehand nor did we sign anything stating we knew. Now there's engine problems and I'd like to know what are my rights/options. Please!

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in California Posted 2 years, 2 months ago

1 Response

Profile Picture of Justin Shiau
Justin Shiau

Principal Attorney at Athlon Legal, APC

If the dealer made any misleading or deceptive statements about the condition of the car or falsely implied that it was under warranty when it was not, you may have potential causes of action against the dealer for fraud, violation of Business & Professions Code § 17200 (Unfair Competition), violation of Business & Professions Code § 17500 (False Advertising) and/or violation of the Consumer Legal Remedies Act (CLRA) (Cal.Civil Code §§ 1750-1784).

This is not an exhaustive list and you may have other potential claims depending on the facts of the case.

Please note this is not a clear cut case, however, as the dealer will argue (using the Buyer's Guide as evidence) that the car was sold "as-is" and that it was your son's responsibility for properly inspecting the condition of the car before purchase.

Your options include:

1) Making a demand that the dealer accept return of your car and refund your money;
2) Filing a lawsuit to cancel the purchase or seek monetary damages for the cost of repairing the car.
3) Filing a complaint with the California DMV - http://www.dmv.ca.gov/consumer/invest/inv172.htm

Athlon Legal, APC

Disclaimer: This post is for informational purposes only and does not create an attorney-client relationship. The information in this post should not be relied upon without first retaining a licensed attorney in your jurisdiction so that the particular facts of your case may be analyzed in detail.

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