Question: Can I take legal action against a car dealer for not reconditioning a car before selling it?

June 15, 2005

Hi Tony

I purchased a used car from a dealer and two weeks later the clutch went out. Apparently the clutch is considered a wear and tear product which wasnt my concern.

My concern is the fact the car never had a recon (a check to see if the car is mechanically working) or a buyers guide on the window when I purchased it. They refuse to help me, is there any legal action I can take considering that neither of these were applied to the vehicle?

Kyle

Answer:

Hi Kyle,

There's no law that requires a dealer to check a car over before a sale. A clutch is an item that wears out periodically. It's possible that the clutch was working fine when the dealer had the car.

As far as the buyer's guide is concerned the car is supposed to have one posted on the window stating if the car has a warranty or is sold "As Is."

They are also supposed to have you sign a copy of the Buyer's Guide and give you a copy of it. If you signed one and have a copy of it you probably have no recourse, because they can say it was posted on the car and it's your word against theirs.

If however, they didn't have you sign one you might have a case. You would have to talk to an attorney and / or your state's Attorney Generals office.

All my very best...

Tony Iorio