Legal Question in Product Liability in Florida

Can I return a Used Car in Warranty in Florida?

I purchased a 01 BMW 325ci convertible under a 60 day /3000mi. Warranty, that it's still in. I put $4000 down & a loan for $16k. The car has been back to the lot for repair on the temp. thermostat twice, and now it's back due to smoking related to h20 sensors. This is within a month. Can I return this car and get out of the deal?


Asked on 9/04/07, 7:03 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Can I return a Used Car in Warranty in Florida?

Depends on the wording of your warranty.

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Answered on 9/04/07, 7:19 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Can I return a Used Car in Warranty in Florida?

Probably not, but it would depend on the terms of your writtem warranty. Read it. It would stun me if it allowed you to return the car and walk away from the deal, but the words of the contract would control.

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Answered on 9/04/07, 7:44 pm
Johm Smith tom's

Re: Can I return a Used Car in Warranty in Florida?

Unfortunately this sounds like very common issues for BMWs.

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Answered on 9/04/07, 11:26 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Can I return a Used Car in Warranty in Florida?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No. You can not return the car unless the dealer will voluntarily accept it. The warranty is for repairs and you may have to contribute to the cost of them. I would bet almost anything it will not mention anything about returning the car. You need to get all of your repairs done within the warranty period or else you will be responsible to pay for all repairs yourself.

Scott R. Jay, Esq.

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Answered on 9/04/07, 11:46 pm


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