Bel Air, MD asked in Lemon Law for Maryland

Q: Can I return a car that has a dent and sideswipe with rust on the side of it but I did not notice when I bought it

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2 Lawyer Answers

A: Review your sales contract. It will determine whether you can return the car and any warranties that apply. Most used cars have at least a 30 day warranty if purchased from a dealership. Contact them immediately and insist that they fix the damage. Most used car sales contracts state that the vehicle cannot be returned.

A: Unless it was sold as a new car, no. Buying a used car generally means "as is," unless there was an express misrepresentation of a material fact about the vehicle that you relied upon to agree to purchase it. An obvious visible defect that anyone could have seen had they looked would not be a concealed defect or a basis to undo the sale. Take it to a body shop and find out how much it would cost to fix it, or at least clean it up. Used car prices generally take into consideration the condition of the paint and any dents. It could be you paid less for that car than you would have had it been in perfect condition, so you did not overpay.

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