Legal Question in Consumer Law in Illinois

Auto purchase-Can the vehicle be returned?

We purchased a used vehicle from a company that sells used vans from colleges,prisons,etc. On the drive home, it started ''acting up'' so my husband called and the vehicle was taken in the next morning to be checked over. My husband had told them he suspected it was the transmission but their mechanic seemed to think that it was something with the brakes sticking due to the complaints my husband was stating. Their mechanic looked at the van and did a minor repair and my husband took the van back. The next morning my husband took the van on a lengthy weekend trip and while on the trip home the van started breaking down again. Once again, my husband is suspecting transmission problems. As the buyer, do we have any rights to return the van if we find out that it is the transmission that is causing the problem? We have now had the van two business days and a weekend. Thank you in advance for your help.


Asked on 4/27/03, 10:13 pm

2 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Auto purchase-Can the vehicle be returned?

Check your contract and see what the warranty was. Also, put the complaint in writing to them. Even if you have a warranty, you may need to give them written notice of any defect.

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Answered on 4/28/03, 10:38 am
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Auto purchase-Can the vehicle be returned?

The first place to look for information is the written contract between you and the dealer (if there was a written contract). Many times in these contracts, the warranties are stated. Many used cars are sold "as-is" with no warranties whatsoever.

However, if the dealer knew of the problems before hand and never disclosed them, then that might survive any disclaimer of warranty.

If you would like to speak futher, then please call my office at 312-236-9906.

Very truly yours,

Thaddeus J. Hunt, Esq.

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Answered on 4/27/03, 10:31 pm


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