I purchased a certified used car on May 26. It has been at the dealership everyday since (except for 6). They are unsure of what needs to be done and how to do it! At this point, I would like to know what, if any, legal recourse I have. It is a 2009 with 42K miles.
1 Answer from Attorneys
You may revoke your acceptance of the vehicle. I suggest that you send a letter to the dealer stating that you revoke your acceptation of the vehicle. Send it by certified mail and first class mail. If you do not get what you want see an attorney.
SECTION 36 2 608. Revocation of acceptance in whole or in part.
(1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it
(a) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or
(b) without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances.
(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.
(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.
HISTORY: 1962 Code Section 10.2 608; 1966 (54) 2716.
See also, http://m.sccourts.org/opinions/displayOpinion.cfm?caseNo=3496
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