Legal Question in Consumer Law in Georgia

My Name is Mr. Gresham I stay in Atlanta GA.

Please help me with this question. If I were to back out of a deal after putting $800 down on a car, then after reviewing the car fax reported failed emission on several occasion with in the last 3yrs. As a concern buyer since I am not able to get an inspection or have an emission test done prior to buying the vehicle, I refused to go ahead with the purchase of the vehicle. Is the dealer liable to refund me my $800 down payment?

The dealer purchased the car from an auction charging me $500 for winning the bid out side of the $800. I am only asking for my $800 Down Payment.

I have not sign any paper work other than the Bill Of Sale with the only stipulation statement stating - (AS IS - NO WARRANTY- BUYER PAYS ALL COST FOR REPAIRS. the dealer assumes no responsibility for any repairs regardless of any oral statement about the vehicle). And a terms of service agreement which only is in regards to the $500 Service Fee.

Please Help!

Thank you for your urgent response to this matter.


Asked on 10/21/11, 12:21 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Your answer is found in your post and the paperwork you signed so I am not sure why you think "as-is, no warranty} does not mean what it says. You say you did not have the chance to get an inspection or emissions test, but it was your choice to buy the car under these conditions and your choice to take the risk something was wrong. You had the option of going to another dealer or private seller that would allow you to get an inspection.

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Answered on 10/21/11, 12:29 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Why would you think the words "AS IS - NO WARRANTY- BUYER PAYS ALL COST FOR REPAIRS" are meaningless? You had a seller tell you that you were buying a piece of junk and you did so anyway. That's your fault and you are liable for the whole price of the vehicle. Contracts are serious things and they are binding. Not only do you not get the $800, but the dealer probably can sue you for the rest of the price.

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Answered on 10/21/11, 4:10 pm


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