Legal Question in Consumer Law in Georgia
is it illegal for a car dealership to not give me my money back if the car breaks with in thirty days and i i did not sign a warrenty on it?
3 Answers from Attorneys
I am not sure why you think it is "illegal" for you to not get a refund, when you apparently had no warranty. It is "legal" for you and the dealer to freely negotiate and sign a contract you both agree on.
When you buy a car as is, the dealer is saying they will NOT stand behind the product and are warning you to buy it at your own risk.
They do not have to help you and you must repair your own car.
If you wanted a warranty, you should have paid for one and gotten one.
It is not illegal. There was no crime committed here. Cars are mechanical things and do break. The dealer is not an insurance company. If the car was sold as is (if there was no warranty), then you are out of luck unless there is something else, like fraud. For example, if the dealer told you that the car had new brakes and it turned out it didn't, there might be some fraud.
I would do what you should have done before you bought the car. Take the car to an independent mechanic and have him thoroughly check out the car to see what the problem is, whether its something obvious that the dealer should have known about or something which should have been covered in an inspection if the dealer said that it had been done. Also, get a CARFAX report if you have not done so already. Find out what it will cost to fix the car. It may be that this is not even worth the cost of a lawsuit.
Some car dealers will allow to bring the car back within 5 or 7 days (like CarMax) no questions asked. Although, you appear to be outside of this period here. When did the car break down? Was there any kind of return period offered by the dealer? There is no 3 day right of rescission - this is only something the dealer would offer.
What year and make or model is the car? What does the CarFax report show? Was the car damaged by more than 25% of its fair market value? This might be a violation of the Georgia Unfair/Deceptive Trade Practice Act.
Once you get more facts, you will know if you can negotiate at all with the dealer or not.
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