QUESTION

How do I receive a rightful refund for a used car?

Asked on Apr 25th, 2017 on Consumer Law - Florida
More details to this question:
Bought a used car "as is" but it's not working to the ability we expected or were led to believe and we've only had it for about 6 days. The test drive was fine but the next day and up to now it's been exceedingly getting worse and we've done nothing but drive it, which is its intended purpose. We've already taken it back to try to get into another car but the manager said he "can't do that". My fiancé and I are young and this is our first time buying a car. We got a loan from our bank and we jumped the gun with this lot/car choice. We are unsatisfied and we just want our money back so we can be on our way and go somewhere else.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
"My fiancé and I are young and this is our first time buying a car. We got a loan from our bank and we jumped the gun with this lot/car choice. We are unsatisfied and we just want our money back so we can be on our way and go somewhere else" ...Despite what you may have been indoctrinated to believe, there are no "do overs" or "take backs" in the real world. That you are "young" and buying your first car, imposes on you the obligation to be MORE diligent than usual or secure the help of someone knowledgable in advance to assist you. The millenial strategy of "point and pout" by just doing things because you can and dealing with bad results later, such as when someone takes advantage of you, is simply useless in comparison to taking the time to make proper decisions in advance. This is especially true when you factor in the cost and expense of hiring lawyers to sort things out can exceed the amount in controversy. The old adage of " an ounce of prevention being worth a poundof cure" comes into play here..  The above stated, if you bought the car "as -is" that means when it drives off the lot and you signed the papers, its YOUR car and any repairs or problems are yours also. The exception to this is fraud or violation of Fla. Stat. 501.976, but thats a VERY expensive lawsuit to pursue and very high risk as fraud is a very hard standard to prove. Simply being "unsatisfied" is nowhere close to meeting that standard as you have to prove actual deception, and "we're young and didn't know better" does not meet that standard. Sadly, this will likely be an expensive learning lesson for both of you about being more discriminating and diligent in your financial affairs. 
Answered on Apr 25th, 2017 at 5:38 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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