What To Do When You Buy A Lemon Used Car !NEW!
The Used Car Lemon law provides a legal remedy for consumers who are buyers or lessees of used cars that turn out to be lemons. The law requires dealers to give consumers a written warranty. Under this warranty, dealers must repair, free of charge, any defect in covered parts. If the dealer is unable to repair the car after a reasonable number of attempts, the consumer is entitled to a full refund.
what to do when you buy a lemon used car
Does your newly purchased used car have a defect which impairs your safety or your ability to drive it? If so, you may be eligible for different types of recourse under the state lemon laws. Please note, the OCABR cannot assist you with Registry of Motor Vehicle Services. For RMV related services, please visit www.mass.gov/RMV or call the RMV at (857) 368-8000.
Georgia's Lemon Law is designed to help you get a defective vehicle repaired by the manufacturer. If your motor vehicle cannot be repaired after a reasonable number of attempts and is found to be a "lemon", the law requires the manufacturer to replace or buy back (repurchase) the vehicle.
The urban definition of a lemon car characterizes it as a vehicle with severe defects caused by the manufacturing process or the previous owner. Failures are an inevitable part of owning a car, but lemons have so many problems that keeping them road-worthy becomes unsustainable. The worst examples can even pose serious safety and liability risks.
In turn, several lemon laws have been instituted to protect customers from deceptive warranty practices and defective cars. When a widespread manufacturing fault emerges, car companies will recall the model in case of a safety hazard or offer partial compensation to avoid lawsuits or bad press. Dealerships are obligated to fully maintain a vehicle during its warranty period and even replace or refund it if the problem is severe enough.
If you have not yet notified the manufacturer and you think your car meets the definition of a lemon, you should immediately notify the manufacturer by letter, sent via certified mail, return receipt requested. (See sample letter B.) Send a copy of your letter to the Consumer Protection Division along with a completed complaint form, and keep a copy for your own files. In your letter, you should:
If your car is a lemon and the manufacturer is unable to correct the problem within 30 days of receiving your letter, the manufacturer must repurchase or replace your vehicle. If you previously contacted the manufacturer, you will want to send a follow-up letter by certified mail, return receipt requested, outlining your problem, the steps you have taken to resolve it and what action you want taken. (See sample letter C.)
Not all vehicle manufacturers sign up to participate in the CAMVAP program. For example, BMW, Mini and Mitsubishi are not affiliated with the program, so any lemon cars bought from those manufacturers are not eligible for the program. Check its list of participating manufacturers for more information.
A certified used vehicle, also known as a certified pre-owned vehicle (CPO) is a previously owned vehicle that has been inspected, reconditioned, and has met minimum standards set forth by the manufacturer.
Many instances of auto fraud involve the sales of used vehicles. Some dealers sell CPO cars for more than their worth, or falsely advertise certification of their vehicles. Others gloss over their inspections.
Drivers can experience lemon problems with their vehicles months or even years following the purchase. This is why it is important to purchase used or Certified Pre-Owned vehicles that are still covered by the manufacturer warranty from authorized dealers.
Accident and repair history are examples of important items that a dealer should disclose. Additionally, the law obligates dealers to provide buyers with completed inspection reports with all used vehicle sales.
For both used and new car buyers, dealers must provide an itemized price list of all items being financed and dealer compensation from financial institutions involved with financing the car must be limited.
When obtaining financing for either a new or used cars, dealers must give buyers a Notice to Vehicle Credit Applicant that shows the credit score utilized by the dealer along with information regarding the credit-reporting agency.
The California Lemon Law gives the manufacturer and authorized service providers a reasonable number of attempts to repair a defect during the vehicle warranty. Although not a hard and fast rule, a reasonable number of repair attempts may have been met when:
If you are looking to purchase a used vehicle, you should consider purchased a pre-owned or CPO vehicle that is still under the manufacturer warranties. Make sure to keep track of all repair work that has occurred with your vehicle. You will need this information in the event your vehicle turns out to be a lemon.
However, if you caused the problem with the used vehicle, you may not be protected by the lemon law. Additionally, if you used the car in a way that was not intended, your vehicle may not be covered under the lemon law. Last, but not least, if you caused damage to your car, the manufacturer may not be liable.
A used car must be under warranty to qualify for protection under California used car lemon laws. Unfortunately, the warranties for used cars are usually significantly shorter than warranties for new vehicles.
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A new vehicle may be a lemon if there is a defect covered by the warranty which substantially impairs the use and value. However, the defect cannot be the result of abuse, neglect or unauthorized modifications or alterations.
However, no returned vehicles shall be resold if it was returned pursuant to the Oklahoma lemon law or a similar law in another state because of a defect resulting in a complete failure of the braking or steering system likely to cause death or serious bodily injury if the vehicle is driven.
No state agency has enforcement authority over the lemon law. If you feel that your rights have been violated, contact a private attorney for advice. In any civil action pursuant to section 2 of the lemon law, the court may order attorneys fees and costs to a consumer who prevails in the case.
Open the door and get inside the car to check out the interior. Do a visual inspection of the upholstery, dashboard, ceiling, and floorboards. Take a deep breath when you open the door to help detect any odors. Look for stains, cracks in the plastic, or rips in the seats.
It's no secret that Wrench offers the best mobile used car inspection services in town! In fact, we are so committed to improving our used car inspection services that we acquired a car inspection company called Lemon Squad. Lemon Squad is dedicated to preventing you from purchasing a lemon, so don't hesitate to utilize our partnership with Lemon Squad. To learn more about our used car inspection professionals at Lemon Squad, click here.
Know Your NeedsThe same general guidelines should apply when purchasing a new or used vehicle. The following information is provided as a guide to your rights and responsibilities in our state's used car market. To increase your chances of making the right purchase for your needs, please read our Buying a Car page for suggestions regarding general auto purchases.
In addition, it is important to remember that you always have the right to shop and compare when making any purchase, especially when buying an item as costly as a new or used vehicle. You will find the process much easier if you understand that you can shop and compare not only for your local auto dealers, but also your financing and warranty services as well.
It is always a good idea to conduct some research before you buy a new or used vehicle. By law, the dealer is required upon request to either display or disclose in writing a used vehicle's asking price (RCW 46.70.125). The dealer must also provide the name and address of the former registered owner to a prospective buyer upon request if that owner was a business or government entity. This disclosure allows you to ask questions about the use and maintenance of the vehicle, including any accident damage, repairs, and mileage (RCW 46.70.180(6)).
Prior to agreeing to buy a vehicle that meets your needs, take the used vehicle to a mechanic you trust to have the engine, other mechanical parts and safety equipment inspected and tested. When a dealer or private party is reluctant or refuses to allow an independent inspection of the vehicle, you should seriously reconsider whether this is the car or truck for you. You may also consider the following actions before making a decision about purchasing a vehicle:
Most used vehicles are offered by dealers "as is." If you explicitly negotiate and knowingly accept such an offer, you give up your implied warranty of merchantability. Nothing in any law requires you to sign a waiver of your implied warranty rights under any circumstances.
If you purchase a service contract on a used vehicle from the same dealer within 90 days of purchase, the implied warranty of merchantability cannot be waived, and you will have the protection of both the service contract and the implied warranty of merchantability (RCW 48.96.045(4)). The availability of the implied warranty or a service contract does not eliminate the need for a thorough test drive and an inspection by a qualified mechanic.
Call our team of Georgia Lemon Law professionals for a free consultation now at 404-737-3451 to find out if you have any legal recourse for a used car lemon purchased with a warranty in Georgia Or fill out our lemon submission form and we will get back to you.
Please note that there is no recourse under the lemon law or consumer protection laws in Georgia, for vehicles of any kind purchased from a private seller. If you received anything from the seller in writing, you will need to contact an attorney, however our firm cannot help you. 041b061a72