Legal Question in Consumer Law in Georgia

I recently went to a used car dealeeship and purchased a car. The 1st test drive the air conditioning wasnt working but i was told it had been fixed when i went to sign the finan paperwork. Two days later the air conditioning went out again and the dealership told me to bring the car back in for repairs. The next day, driving the car back to the dealership (3 hrs away) the engine blew. I had car towed to nearset dealership. I was told, after paying for diagnostic, that the air conditioner caused the car to run hot thus causing the entire engine to blow up. Called the selling dealership, they said they would fix but would not buy a new or used motor, just patch up. I called the finance company to tell them. They did not fun the deal. Now the selling dealership will not refund my downpayment. If the deal we all signed is no ,longer funded, can the dealer still keep my downpayment? Should I take this to magistrate court?


Asked on 8/23/11, 10:29 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You messed up.

When you buy a car you pay no attention to what salespeople say. The only thing that matters is the AS IS sticker. That is a warning the government puts there which tells you "THE DEALER THINKS THIS IS A LEMON AND IT MAY BLOW UP. DO NOT BUY THIS PIECE OF JUNK." Unless you get your own independent inspection you do not buy such a car.

Your worry SHOULD be that you now have a voluntary repo. They can sue you for the whole price of the car.

Instead of doing something that will cause them to sue you and win, try and get them to sign something saying they will accept the down payment as payment in full and will waive the right to sue you.

And the next time you buy a used car, either get a warranty or have it inspected or both.

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Answered on 8/23/11, 10:50 am


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