There is a lemon law in every state that provides a great deal of protection for those who buy or lease a new car which turns out to have a chronic fault. It is far less likely for the same protection to be available to those who purchase a used car.
People who buy a used car that turns out to be a lemon still have to make their payments even though the car is sidelined. The majority of used car purchase contracts include a one-sided arbitration clause that is designed to stop the buyer from taking legal action. On top of it all the buyer often has to prove the fault existed before he bought the car. Many buyers of used cars feel they have no recourse.
Used car lemon law:
Very few states, six at last count have enacted laws to protect the buyer of a used car. The laws that do exist provide for a statutory warranty, often the warranty is based on either the age of the car or the mileage. In the event the car has problems while it is under this warranty the dealer who sold the car is given the chance to repair them. Just like the new car lemon laws, if the repairs continue after several attempts the dealer must replace the vehicle or refund the cost.
Even in the states that do have a used car lemon law in effect they really don’t offer much protection for the buyer. The laws in effect are very limited in their scope, the number of days the law is effective or the allowable mileage is so short that in many cases the new owner may not experience the fault or if he does, will not have had the opportunity to act in the allowable time frame.
Preparing for the fight:
As a consumer, in order for you to prove that the used car you bought is a lemon you must take certain steps.
Before you purchase the car get a history report. History reports often expose problems that are hidden; this can include a previous accident or a branded title. A branded title often indicates the car was salvaged, recovered from a theft or previously found un-repairable. Don’t rely exclusively on a history report; take the car to a qualified mechanic. Have the car put up on a hoist, have it thoroughly checked for any sign of damage. If you are trying to exercise your rights under your states used car lemon law you need to know the source of the problem.
If you cannot get satisfaction do not hesitate to hire an attorney and file a complaint.
If you live in a state that has a used car lemon law you have specific recourse in the event the car you buy has a major fault. You are invited to visit Krohn & Moss Consumer Law Center website for a case evaluation.