ABA Family Legal Guide

Automobiles

Consumer Protections

Warranties and the Uniform Commercial Code

What are my options if the car seller will not honor its warranties?

If you discover the defect within a short period of time after the purchase (one or two weeks), you may be able to reject the car. You must give the seller specific information about what is wrong. You need only show that the car does not conform to the contract; the defect need not be major. If you want to reject the car, you should behave as if you are no longer the owner and not drive it, except to return it. You may hold the car for the seller to reclaim, or you may return it yourself. The advantage of rejecting the car is that you are in effect canceling the deal--you no longer have to worry about it or its warranties, though in practical terms you might have to wait a while to get back any deposit you may have made.

Unfortunately, sometimes the law regards just driving the car off the dealer's lot as acceptance, as long as you had a chance to inspect the car--even if you do not discover the defect for some time. Acceptance may also occur if you take possession of the car despite knowing about its defects. Acceptance does not mean that the seller no longer has to honor its warranties, but rather that you'll have to try to enforce them through negotiation, threat of suit, or actually filing suit.