ABA Family Legal Guide

Automobiles

Consumer Protections

Warranties and the Uniform Commercial Code

What may I do if I have accepted a car that proves to be defective?

Once you have accepted the car, you must continue to make your car payments; for the time being, at least, you are considered the car's owner and are responsible for its costs. (You may be able to get your money back later.) You may not reject a car that you've already accepted, unless you accepted it on the assumption that the seller would repair the defect within a reasonable period.

However, you may be able to revoke your acceptance. You must give the seller notice of the defect, and show that it substantially impairs the value of the car to you. Revocation involves a higher standard than rejection. Generally, the defect will have to be major to allow revocation. After revoking acceptance, you must act as if you have rejected the car. Leave the car in your driveway until the seller reclaims it, or return it yourself.