Do "lemon laws" still apply if you purchase a used vehicle from another individual (not a dealership)?
My dad just bought a used truck that was "for public sale by owner". He checked it before he purchased it (and it looked alright), then when he get home, checked it more thoroughly and found some sort of sediment floating in one of the fluids (I forgot which fluid). My brother took a look and said it looked like some sort of hurried fix tactic to hide leaks long adequate to sell a car. So my dad told the trader he was taking it to be checked out. The mechanic said there is $1200 worth of engine smash up on a $3500 truck. So my dad called the seller and he refuse to acknowledge or repair anything or take back the truck. Are near any "lemon laws" prohibiting buyers from fraudulent sales such as this?
Answers:
no,unfortunately it's your dads responsibility to check the car thoroughly to see any leak or anything like that,he should have asked the owner if your father could hold a test drive first before buying,and if he refuse then you know that the car is a lemon!
There is no "lemon law" on a used truck. Ever. Lemon law cover new cars, or cars still under factory owner warranty. They specifically cover manufacturer defects, and hold a defined set of rules before a car can be branded as a Lemon.
I invite "Lookin" to post that statute he is referencing here for all to see. If you can show me such a law, I will guzzle a bug.
Lemon law protect the buyers of new cars from serious, recurring defect. There's no lemon law protection for a $3500 truck.
You can try a small claims court... if it hasn't been too long since he's bought it... but it may be hard, because used cars are bought "as is" and the vendor isn't usually responsible for it after the sale... but if you get a trendsetter or a lawyer that sympathizes...you could work it out... Source(s): i watch court tv seriously
He checked it before he purchased it (and it looked alright)
-----------------
I will assume your dad is a qualified ASE certified auto tech.
If so, then that perspicacity is all on him.
If not, he should have swallowed the ego and have an actual professional do the job. It would have save him a very costly mistake.
You have no permitted leg to stand on. Sorry. That's why you do this right the first time, because it's the only chance you acquire.
P.S. Lemon laws only cover defect in factory workmanship. Then you have to prove fraud and knowing intent on the seller's subdivision, which is nearly impossible if you have nothing surrounded by writing about the vehicle and the seller is not possible an auto tech himself...
the requirements below the lemon law... he had to hold paid $1500 or more, if it has smaller number than 100,000 miles on the odometer. and it's good for 30 days, even from a private seller.
Nope. You are on your own, unless you want to try small claims court.
No, you got screwed. Sorry but that is to say how it is.
There's always small claims court for those who attain ripped off. Even if the sale be as-is. If the mechanic who checked the truck will write a statement to what he found and that it was a quick fix to fur a more serious problem, a judge may rule in favor of your dad for the cost of repairs.
Knowingly hiding a serious problem and/or fiasco to disclose a serious defect are two ways to get even-handedness when you get conned. Tell your dad to be sure to present his case surrounded by a way that will show beyond a reasonable doubt that the merchant knowingly camouflaged a serious irregularity in the truck. The mechanic's letter will support immensely.
And tell him to file surrounded by the county where the sale took place. Not within the county he lives in. Otherwise, the claim will be nullified. Source(s): Me. new saloon sales manager for over 30 years.
Related Questions:
Does my coup¨¦ drop beneath the lemon tenet?
Does Alabama enjoy a lemon statute to protect coup¨¦ buyers when the coup¨¦ is bought from an individual?
Pa lemon statute ?
How much longer on my GMC lemon ruling claim?
How do I go and get a printable copy for lemon law?
Answers:
no,unfortunately it's your dads responsibility to check the car thoroughly to see any leak or anything like that,he should have asked the owner if your father could hold a test drive first before buying,and if he refuse then you know that the car is a lemon!
There is no "lemon law" on a used truck. Ever. Lemon law cover new cars, or cars still under factory owner warranty. They specifically cover manufacturer defects, and hold a defined set of rules before a car can be branded as a Lemon.
I invite "Lookin" to post that statute he is referencing here for all to see. If you can show me such a law, I will guzzle a bug.
Lemon law protect the buyers of new cars from serious, recurring defect. There's no lemon law protection for a $3500 truck.
You can try a small claims court... if it hasn't been too long since he's bought it... but it may be hard, because used cars are bought "as is" and the vendor isn't usually responsible for it after the sale... but if you get a trendsetter or a lawyer that sympathizes...you could work it out... Source(s): i watch court tv seriously
He checked it before he purchased it (and it looked alright)
-----------------
I will assume your dad is a qualified ASE certified auto tech.
If so, then that perspicacity is all on him.
If not, he should have swallowed the ego and have an actual professional do the job. It would have save him a very costly mistake.
You have no permitted leg to stand on. Sorry. That's why you do this right the first time, because it's the only chance you acquire.
P.S. Lemon laws only cover defect in factory workmanship. Then you have to prove fraud and knowing intent on the seller's subdivision, which is nearly impossible if you have nothing surrounded by writing about the vehicle and the seller is not possible an auto tech himself...
the requirements below the lemon law... he had to hold paid $1500 or more, if it has smaller number than 100,000 miles on the odometer. and it's good for 30 days, even from a private seller.
Nope. You are on your own, unless you want to try small claims court.
No, you got screwed. Sorry but that is to say how it is.
There's always small claims court for those who attain ripped off. Even if the sale be as-is. If the mechanic who checked the truck will write a statement to what he found and that it was a quick fix to fur a more serious problem, a judge may rule in favor of your dad for the cost of repairs.
Knowingly hiding a serious problem and/or fiasco to disclose a serious defect are two ways to get even-handedness when you get conned. Tell your dad to be sure to present his case surrounded by a way that will show beyond a reasonable doubt that the merchant knowingly camouflaged a serious irregularity in the truck. The mechanic's letter will support immensely.
And tell him to file surrounded by the county where the sale took place. Not within the county he lives in. Otherwise, the claim will be nullified. Source(s): Me. new saloon sales manager for over 30 years.
Related Questions: