Legal Question in Civil Litigation in Ohio

used car purchase

I bought a used car on saturday. I asked the salesman if the car had anti-lock brakes and he said yes that they were standard. When I was with the financial guy, I asked him the same question. He also said that they were standard. Come to find out, the car does not have anti-lock brakes at all. I would not have bought the car if I had known this. My insurance will go up now and I would not have bought the car had I been told the truth. Also, I got home and found out later that the rear lights on the passenger side do not work. Also, the price on the contract is higher by 90 bucks than the salesman told me. Also, the finance guy sold me a 3-year 36,000 mile bumper to bumper warranty, which when I asked if it covered absolutly everything, his reply was, ''yes, bumber to bumber and that means everything.'' Looking at the warranty paper I signed it excludes the cooling system. They lied over and over. Can I return the car and get my trade in back? Or am I stuck. I would not have bought that car if they had answered my questions honestly.

Asked on 5/25/09, 7:00 pm

2 Answers from Attorneys

Edward DiCato Edward DiCato Attorney at Law
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Re: used car purchase

I don't know if they will let you return the vehicle, but you should try. If they don't you probably have a good claim under Ohio's Consumer Sales Practices Act. It actually allows for treble damages under certain circumstances, which your case might fit (attorney fees can also be awarded). Please feel free to contact me if you have further questions. Edward Dicato

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5/25/09, 10:50 pm
Brian Halloran Brooking and Halloran, PLLC
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Re: used car purchase

YOu have a three day right of recission on this type of commercial contract. Return the vehicle within 72 hours of your purchase and demand that the contract be canceled and you get your trade in back. If it's been longer than that, you will have to litigate the matter under the consumer protection statutes and lemon laws.

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5/26/09, 9:53 am

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