Tips on Buying Cars: Do I have rights to return this car??, stale cigarette smoke, smoke stains

Question
I recently purchased a used 2006 Mercedes C230 from an independent dealer
in NJ. Through the process of purchase I had asked if the previous owner was
a smoker. I have asthma and smoke residue/smell is not good for my
breathing. I was assured the car had not been smoked in. Three days later
when i turned the AC vents on the only thing i could smell was stale cigarette
smoke. I then noticed some smoke stains, which had tried to be cleaned and
covered up above the drivers side window. The car had obviously been
smoked in. I contacted the dealer the next day to bring the car back, stating
that I had purchased the car under a misrepresentation, and had I known the
car had been smoked in there is no way I would have purchased it. The dealer
has been giving me a very hard time, stating that because I had signed a
contract and they did not have written evidence of me asking if the car had
been smoked in that I am liable to my contract. I have two witnesses who
were with me that were there when I had asked the question. With this said,
am i liable to my contract, or able to get out of it since the dealer lied to me
about the car history? Thank you -Nick

Answer
Nick,

Thanks for the question.  Unfortunately the dealer is correct.  Since there is no written evidence that you requested a non smoker vehicle, they can not be held liable.  You can try to take the dealership to court, with your witnesses, but it would be very difficult to win, and a lot of money.  I would call the dealership and ask to speak to the General Manager, and explain your situation, and see if that person is willing to help you out.  All I can tell you in the future is to make sure that you have a signed document stating what you are expecting, and make the dealership sign it as well.

Hope this helps.

Thanks - JB