Legal Question in Consumer Law in Maryland

Hi I just wanted to see if I had a case. I purchased a used car on Jan 18th. The warranty was for 30 days if something goes wrong dealer will pay half. Well 2 and a half weeks later the car turned off at a red light. Than it turned off when I was moving it across the street.

I spoke to the dealer and he said bring the car to him but I could not because the car kept turning off. Didn't know why he wanted me to bring him the car until now. Well it was agreed that I would take it to my mechanic since its right around the corner.

I took the car to my mechanic and received a phone call that tape was covering the engine light. I called the dealer and told him I want my money back because he was hiding a problem with the car when I purchased it. He kept asking me to get it repaired but I wanted my money back because the car was already junk when I purchased it and he just hid the problem. That is why he wanted me to bring the car to him so I would not find out about the sticker.

He was not trying to understand so I wanted to know if I had a case and if I do the probability of me getting my money back. I paid $4500 for the car.Thanks


Asked on 1/18/11, 8:52 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Did you sign a contract/sales agreement when you purchased the car? What did it say? Does it say that you purchased the car "as is" or "with all faults"? If so, you are probably out of luck -- you basically bought the car with all the benefits AND burdens. Think about it this way -- if you had had the car inspected prior to purchasing it, you would have caught these issues BEFORE you purchased the car. You didn't. Your fault. In the law, that's called "Caveat Emptor" or "Buyer Beware." Since there is a warranty on the car, you can certainly get him to pay 1/2 the cost. You can also sue him for fraud, but that's a tough, uphill battle. If you want, file a small claims action in Court, bring your mechanic with you to testify about all the awful things that are wrong with the car, and let the chips fall where they may. Of course, you chances GREATLY improve if you have an attorney represent you -- for one day in small claims court, it won't cost that much.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 1/23/11, 5:12 pm


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