QUESTION
Do I have to pay for a car that is already damaged even though I signed a contract not knowing that the car was messed up at the beginning?
Asked on Aug 13th, 2012 on Bankruptcy - Michigan
7 ANSWERS
Dennis P. Mikko
If you purchased the car "as is" you may have to pay for it. Did the seller make any statements about the condition of the car prior to purchase or that enticed you to purchase? If so, you might be able to rely on those statements in an attempt to return the car. This is a good lesson on why you should have a used car inspected by a mechanic of your choice prior to purchase.
Answered on Aug 15th, 2012 at 3:38 PM
Family Attorney serving Henderson, NV
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Harris, Yug & Ohlinger
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Generally yes, if it was sold as it. However, there are other circumstances which may create causes of action and you should speak to a lawyer who regularly works in this area of law. There is also, at least in Nevada, a 3 day buyers remorse period.
Answered on Aug 15th, 2012 at 3:38 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Did you buy from a dealer? If so you can contact the Michigan Attorney General and their consumer protection division might help. Otherwise the only way you will have recourse is to sue in court.
Answered on Aug 15th, 2012 at 3:37 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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If the damage was hidden such that a reasonable person would not have noticed it. However, if it is something that could have been detected by an inspection by a professional, provided you had the opportunity to have one inspect the vehicle, and you waived and subsequently noted no damage, or purchased the vehicle "as is," you may be bound by your agreement.
Answered on Aug 15th, 2012 at 3:37 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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You probably do not owe the money but when they sue you it will be up to you to prove that it was damaged and they did not tell you.
Answered on Aug 15th, 2012 at 3:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The question will be answered in the language of the contract and the circumstances of the sale.
Answered on Aug 15th, 2012 at 3:36 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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I assume you inspected and test drove the vehicle before you bought it. You should have had it inspected by a mechanic before you signed a contract. If you bought a used car "as is" and signed a purchase contract you might not be able to rescind the contract. You should contact the Michigan Department of Motor Vehicles to see what they recommend and to find out if they can help you.
Answered on Aug 15th, 2012 at 11:18 AM