Lemon law used cars
Cars with previous owners need not be sold on an “as is” basis. Furthermore, various states have enacted used auto lemon laws that provide some recourse for car owners who have bought a lemon auto. Typically a car owner is able to turn to lemon law for used cars if he has received express written warranty for the vehicle. Express warranty can be the remaining warranty given to the original customer but has not yet run out, or a limited warranty that the dealer provides. It could also be an extended warranty or service contract that ne may get from the dealership at the time of making the purchase.
Even if you don’t have the warranty, some states have enacted lemon laws for used cars that proscribe deceptive practices in sale of used cars. The lemon laws for used cars generally require that the dealer respond to every question asked by the purchaser. So if the purchaser ended up buying a car as a result of untruthful representation by the dealer, then a case may be case against the dealer for a claim. Some states make it an obligation for the dealer to disclose certain facts about the car, including whether the car was rental or has been salvaged or has been used for demonstration even when the purchaser seems incurious abut those aspects.
In some states such as New Mexico have enacted new laws that completely does away with selling automobiles on an “as is” basis, meaning dealers cannot avoid taking responsibility for defects found in the car after purchase. Several key points found in lemon laws for used include a limited warranty for a short period of time or mileage say 15 days or 500 miles, whichever comes first (as in the case of New Mexico).
Such warranty would start the moment the purchaser gets possession of the car and would end at the midnight of the 15 days if you live in New Mexico. Thus any day that the vehicle does not operate properly is not included in the 15 day warranty period. As regards mileage, any miles accumulated from driving to the dealership for repairs are likewise excluded from the 500 mile warranty period. Should any problem some up that limits the use of the vehicle during such warranty time, the dealer is given the first opportunity to make repairs.
There exists legislation in some states that allow the purchaser rescinding a contract that does not include “used car Lemon law” disclosure in writing as required. After that option is exercised, the purchaser can then return the vehicle and get the money back.
If the dealer has been provided with ample time to repair the vehicle fails to do so, the purchaser can cancel the contract, return the vehicle and get a refund.
Used car lemon laws generally apply to pick up trucks, motor vans and motorcycles that have a gross weight which falls below 10,000 pounds. The lemon law for used cars generally excludes the kind of damage inflicted on the vehicle by the customer himself. Most states provide that a dealer can only sell a used car with defects when those defects have been disclosed to the purchaser orally and in writing.
References
- http://www.nmag.gov/office/Divisions/CP/lemonlaw.aspx
- http://www.blogged.com/about/lemon-laws/
- http://law.freeadvice.com/general_practice/lemon_law/lemon_law_used_car.htm