Purchasing a used car directly from a dealership ought to be an easy and satisfying experience. However, if a person drives home only to discover that the vehicle he or she has bought is a lemon, it can be frustrating and stressful. Such a situation usually leads to financial issues, as well as risking safety. If you are in this position, it is in your interest to find out what to do and any legal recourse that may be sought.
What are the Scenarios for Legal Action?
In a case where you have bought a used car and it is faulty, the following situations may provide grounds for suing the car dealer.
Overcharged or Misled
There is a plausible cause for legal actions if you were charged higher than agreed or if the dealership sold you a car with undisclosed defects.
For example, if the dealer offered a certain price for the car upon the initial negotiation, then sold it to you at a higher price – it could be considered an overcharge.
Additionally, as dealers they are legally obliged to inform you about any defects that a car has. If they never let you know about the major mechanical issues, or if they overlooked it during the inspection process, there is a ground for legal actions as well..
Immediate Breakdown
If you bought a car that breaks down half an hour later, there is a strong enough ground to assume the dealer sold you defective car.
But the tricky part comes when the car break down after a moderate usage, say few days or weeks. If that is the case, you may need to consult a mechanic to check if the break down was caused by undisclosed defect from the dealer.
Pre-existing Defects
In case a buyer has proof that there were hidden defects or framework harm at the time of purchase of the car there might be a legal action. Such defects can greatly affect the safety and the price of the car in the market and the dealers are supposed to notify the buyer of the defects.
Warranty Issues
One issue that is often encountered is when dealerships fail to honor warranties or decline to pay for required repairs. If the car is still under warranty and the dealership does not want to deal with the problem, then taking legal action might be the only solution.
Steps to Take After a Dealership Sells You a Bad Car
Paying your hard earned money for a faulty used car is not pleasant, but knowing what to do can help. According to law, auto dealers are mandated to reveal all past damage or repairs to potential buyers.
Consult an Auto Fraud Lawyer
Auto fraud lawyers are part of a first-line defense if one feels they are being swindled or have been swindled. A lawyer who has already practiced auto fraud can be a wealth of information about your rights and what you should do next.
Document Everything
Document all communication with the dealership, any problems that have been experienced with the vehicle, and any work that was done. This can come in handy if there is ever a time that one needs to go to court to demand justice.
Contact the Dealership
First, it is necessary to attempt to solve the problem with the dealership’s help. Demonstrate your findings and describe the challenges you have encountered. At times, dealerships provide a fix to prevent legal ramifications arising from a specific case.
File a Complaint
If an attempt to communicate directly with the dealership is unfruitful, escalate the issue to regional and state consumer protection agencies or autoregulatory agencies. You can approach organizations like the Better Business Bureau (BBB), the National Center for Dispute Settlement (NCDS), or your state’s attorney general to investigate the matter and facilitate a resolution.
How to Determine If Your Car Is a Lemon
Usually, a lemon car is a new car with permanent defects; however, there are cases where a used car can also be considered a lemon. It is important to know whether your car is considered a lemon to have grounds for legal action against the car seller.
Criteria for Lemon Cars
A car is legally referred to as a lemon if it possesses major flaws that hinder its usability, depreciates, or endangers users’ safety, and these malfunctions cannot be fixed regardless of the number of repaired attempts. Often these laws are effective for a given period after the purchase or within specified miles on the car’s meter.
Lemon Laws in Your State
Lemon laws are usually state-based; thus, it is crucial to get informed on the laws that govern your state. Some states have more strict laws protecting consumers, while some may offer fewer paths to legal action.
Your car must meet the following criteria to be classified as a lemon:
- At least two attempts have been made to fix a warranty problem, which could have resulted in severe injury or fatality.
- At least four attempts have been made to fix a problem within the warranty period.
- The car has been at the repair shop for a cumulative total of 3o days.
What Happens When Your Car Is a Lemon?
If you’re sure your car qualifies to be a lemon, it’s your right to either have it replaced or get a full refund of the amount paid. The following steps occur if the car is established to be a lemon:
Legal Process
This will involve following the legal procedures to file a claim. This usually entails contacting the manufacturer or dealer, giving more opportunities for repairs, and seeking arbitration before proceeding to trial.
Importance of Evidence
It is very important to have documentation of the car’s issues and previously attempted repairs. Documentation will help you prove the case and enhance your chances of a positive outcome.
Can a Used Car Be a Lemon?
Absolutely, used cars are eligible to be categorized as lemons when some factors are taken into consideration. All or most states have lemon laws that encompass used cars, particularly those accompanied by warranties. So, if your used car falls under the legal definition of a lemon, your rights and protection will most likely be similar to those for a new car.
Preventive Actions to Take Before Getting a Used Car
Before purchasing a used car, you should verify its history to help you avoid a lemon car. There are two ways to go about this depending on the type of used car you want to purchase.
Vehicle History Report for Modern Cars (1981 or later)
If you’re looking at a modern car, the best way to check if it has been labeled a lemon is through a vehicle history report. A vehicle history report can provide you with information about the car’s titles – including if it has been labeled a lemon, involved in accidents, etc.
You can get a history report from providers like Carfax, Bumper, AutoChecks, or cheaper ones like Detailed Vehicle History.
Build Sheet by VIN For Classic Cars
If you are buying a vintage car made before 1980, chances are it won’t have a standardized VIN – therefore you can’t find the vehicle history report for it.
As an alternative, you can get a build sheet by VIN. The build sheet provides necessary information about the car’s original equipment and features, allowing you to confirm if it still has all of them.
Though no build sheet gives a car’s history, it has other important information that can be helpful for classic car enthusiasts, such as the engine number, standard specification, wheels, rims, tires, and the number produced. The Buildsheet by VIN service can be particularly valuable when you want to get as much information as possible on a classic car.
Conclusion
It is crucial to know what action you can take to rectify the situation if the dealership sold you a lemon car. First, speak to an auto fraud lawyer, keep records, and try to settle the situation with the auto dealer. In case that doesn’t work, you should file a complaint with consumer protection agencies. However, you can avoid such problems in your future purchase if you’re aware of the lemon laws and the history of the car. For vehicles produced or built before 1981, a Buildsheet by VIN is very useful in providing valuable information to help in making a good buying decision.
