Many states require that cars meeting certain criteria be sold with a minimum warranty.
Laws Protecting Customers Buying Used Cars | LoveToKnow
If the car has mechanical issues during that period, then the dealership is required to repair it — but the consumer must bring the car to the dealer. In such a case, the dealer is responsible at least for the implied warranties, that is, that the Vehicle is fit for its ordinary purposes and conforms to its description.
Vehicles experience significant mechanical defects often do not comply with implied warranties.
Connecticut law, like most states, provides for a safety exception. Disclaimers of warranty do not apply to the requirement that Connecticut dealerships sell cars that are roadworthy. Thus, if a dealer sells a consumer a vehicle with defects that make the vehicle unsafe for driving such as defective brakes, bald tires, rotted frame, or vehicle shuts down at highway speeds , the dealership may be responsible for the cost of repairs.
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Proving these claims can be tough, though, so it is always best to get all promises in writing. The Buyers Guide, an example of which is pictured below, must inform the consumer whether a warranty is provided and with the basic terms of any warranty. Under the law, only the consumer may remove the Buyers Guide from the Vehicle window. If a dealer sells a vehicle to a consumer without the guide, the dealer may be prohibited from disclaiming the implied warranty of merchantability. The guide must show whether the vehicle is being sold "as is" or with a used-car warranty, what percentage if any of repair costs is covered by the dealer under the warranty and a list of the major defects that can occur on used vehicles.
Magnuson-Moss Warranty Act a. It also provides for the awarding of attorney fees in particular cases. In order to determine if you truly have a lemon and to build a solid argument, make sure you've taken the following steps.
Buying and Selling Cars Privately in Florida
First, run vehicle history reports from Autocheck and Carfax. Van Alst also recommends a check of the federal government's National Motor Vehicle Title Information System , which can be obtained through various vehicle-history vendors at a low cost. These reports expose many of the hidden problems associated with used cars, such as prior accidents and branded titles.
Edmunds recommends that buyers run all three reports if possible. They can sometimes uncover different information.
Florida Lemon Law for Used Cars
An important fact to consider: U. Do not rely on reports alone. Take the car to a qualified mechanic and a body shop that can spot signs of structural damage. Make sure they put it up on a lift.
As with vehicle history reports, this is best done before the vehicle purchase, but if you're trying to press your rights under state or federal lemon laws, it's critical to determine the source of the vehicle's problem. Document the vehicle's service history and retain all work orders and receipts.
Download or print a vehicle repair log from Fraud Guides or Microsoft. If the dealer still won't provide satisfaction, or if you suspect fraud, send a complaint in writing to the vehicle's manufacturer and your state's attorney general's office or department of consumer protection. The federal government's Consumer Action Web site provides detailed information on how and where to file complaints including sample letters , dispute resolution services, small claims court and more.
You don't necessarily have to engage a lawyer to fight for your rights. Sometimes, a quick trip to small claims court will do the trick. But a good lemon-law attorney can determine whether you've got a serious case, especially when safety is an issue, and can shepherd you through the legal process. Many lemon lawyers don't charge client fees, hoping to collect instead from the defendant. You can find lemon law specialists in your state through the National Association of Consumer Advocates. Free legal aid to low-income individuals is available through the nonprofit Legal Services Corporation and National Legal Aid and Defender Association.
Auto Dealer Fraud Versus Defective Automobiles
The Edmunds content team brings you industry-leading vehicle reviews, news and research tips that make it easier for you to find your perfect car. Popular searches. My Account. Used-Car Lemon Laws by Edmunds. Used-Car Lemon Laws The frequency and severity of consumers' used-car problems has led some state legislatures to pass new laws. The Sorry State of Used-Car Regulations Van Alst says that most states aren't very effective at protecting used-car buyers from the myriad ways they can be swindled. For consumers who don't live in a state with a used-car lemon law, or whose state laws don't cover their individual situations, there are federal laws that may help: The Uniform Commercial Code UCC : Under the UCC, a used-car sale automatically includes an implied warranty that the car is fit for transportation.
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How To Prepare for Battle In order to determine if you truly have a lemon and to build a solid argument, make sure you've taken the following steps. Calling Out the Big Guns You don't necessarily have to engage a lawyer to fight for your rights. Other research topics. Most popular vehicles.
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