Legal Question in Criminal Law in Georgia

I went to a buy here pay here lot and signed my title over for another car. I wasn't happy with the car I purchased and wanted my title back for my car but they won't give it back do I have rights or a time period to decide?

I still have my car but they want me to turn it in.

Still Stupid @ 19


Asked on 9/12/11, 1:16 pm

3 Answers from Attorneys

S. Carlton Rouse Rouse & Co., LLC

Firstly, don't condemn yourself to stupidity just yet. Many people have problems with vehicles they purchase. Depending upon the problem with your car you may have the ability to void the purchase. In particular, if you have mechanical problems with the car (with emphasis on repetitive problems) shortly after your purchase, the dealer may be liable to you for what is considered an implied warrant of merchantability, i.e. the stuff purchased isn't good/performing for the purpose intended.

I believe the federal version of this warrant is codified under the Magnuson-Moss Warranty Act. The state version is found under Georgia's lemon laws.

If you have more questions or if you need additional assistance, feel free to contact us at: [email protected]

Regards,

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Answered on 9/12/11, 1:31 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If the car you bought had an As Is sticker, federal law means that you have bought it as is with no warranty and have no right to rescind the contract unless the agreement says you do. Since no one here has seen that paperwork, that is as much as we can tell you.

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Answered on 9/12/11, 1:43 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

You left out the most important detail. What were the terms of the agreement when you made the purchase? Did the dealer provide a warranty? If so, what are the terms? If not, it is not the case a warranty will apply since any used car dealer who know what they are doing will clearly and expressly state that the car is sold as-is with no warranty. That means exactly what it sound like. Certainly, you knew before purchasing whether it came with any warranty or was sold as-is? If you bought it as-is, it was your responsibility to get it checked out.

The Georgia lemon law applies to new cars, and has several requirements before you can void the deal. You can google the terms to read more about these issues. You don't need a lawyer to read them for you. If you believe you had a warranty, or believe you did NOT purchase as-is, post again and provide all facts, including what your paperwork says. If you have no real claim and are just "not happy" with the deal you made, you can get in trouble for keeping their car, including potentially them attempting to pursue theft charges against you (whether or not the charges would stick).

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Answered on 9/12/11, 1:44 pm


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