Legal Question in Consumer Law in Utah

Used Car-Lemon, Voulentary Repossesion

We bought a used car that should not have even passed emissions. They took it to a mechanic to get it fixed, which was supossed to be free, but cost us $100 dollars. It did not fix the problem. We were told to bring it back and they would take care of the problem. They fixed it by turning off the check engine light. The car has died on us in intersections, nearly getting us hit. Can we get rid of the car without having to pay for it? We are aware that it could damage our credit report, but we would rather have a dent there than get into an accident that could hurt or kill either of us or our son. Any help would be greatly appreciated.


Asked on 5/28/04, 9:24 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Used Car-Lemon, Voulentary Repossesion

Take the car to a qualified mechanic and get a diagnosis of what the car needs. Then keep pestering the dealer to take the car back and allow you credit on another car or repair the car properly. Perhaps you can negotiate something which will work. You bought the car "as is" - meaning that you agreed to take it with the problems. It was your duty to investigate and have the car checked out. If the dealer is reputable you might be able to get a deal to fix it or credit on another car. You last resort is to have an attorney review the purchase documents to see if there is any errors on those documents. If the dealer did not fill out the papers properly you may have a case to rescind the sale.

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Answered on 5/29/04, 9:43 am


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