Legal Question in Consumer Law in New York

Today my husband and I bought a new car in New York State. It is a used Jeep- 2012. We test drove the vehicle and had it checked and all seemed fine. The smell of the car seemed to be lemony and a new car smell, which was nice. However, after purchasing it and driving it around a few hours I noticed a very strong cigarette smell (the lemon scent seemed to go away). I am highly allergic to this odor and get severe migraines when I am around it. Immediately, I knew that the lemon scent was just a mask for this horrible odor. Also, I have a newborn and I do not even want to bring him in the car due to third hand smoke concerns. What can we do? I am soo upset!! Will they take the car back or do something?? I just called but they closed early because of the holiday.


Asked on 12/24/13, 3:46 pm

1 Answer from Attorneys
Paula McGill Attorney at Law

You can try to negotiate a return or request they clean the car with a stronger solution, not just a lemon spray. You can also take it to a internal car cleaning place. It should not be that much to remove the smell. I have never heard of a car dealer losing in court because a USED car had a smoke smell without a contractual requirement that required it to take the car back or fix the smell.

Also licensed in New York

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Answered on 12/26/13, 6:32 am


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