Used Car Lemon Laws

06 Jan

The Used Car lemon law NY offers a consumer a legal resolution for clients who are lessees or buyers of used automobiles who turn out to be defective. The lemon law requires automotive dealers to repair, at no cost, any apparent defect in parts covered by the warranty. It is important to note that the used car lemon law only applies to used automobiles. "New" cars fall under this provision, not used motorcycles, RVs, boats or private cars. Under the lemon law, consumers are entitled to receive a refund or replacement vehicle if they prove that the automobile they have bought is, in essence, defective and unreliable. The defective automobile must have been sold for retail purposes and it must have been purchased from a dealer licensed to do business in the State where the vehicle was purchased.

If a vehicle is sold by a used car lemon law firm to a retail purchaser, the buyer has the right to take the car back to the car dealer or to sue the car dealer if the vehicle proves defective after the warranty period has expired. For vehicles that are sold outside of the State, the used car lemon law may protect the buyer by providing them with a "cooling-off" period during which time they can reject the vehicle if it proves to be significantly dangerous. In most cases, this period will last about one to five days. During the cooling-off period, the car dealer cannot make repairs unless they are covered by the warranty.  You can learn more about the lemon law now.

An important provision in the lemon law for used cars is the "lemon clause." This section of the law allows a consumer to sue even if the automobile is new, as long as the buyer has purchased the vehicle more than two months before it became defective. Some states also have a "deficiency period," which allows consumers to bring a case after fewer than twenty days pass from the date that the vehicle was supposed to have been fixed.

Many times, a lemon becomes defective after only one repair attempt. Under these circumstances, the dealer is required to fix the vehicle or replace it with a covered item. If they refuse to replace the item, then the consumer has the right to return it and get a full refund for the cost of the repair and replacement. The dealer has no other recourse if they do not abide by this requirement. If they are unable to fix the vehicle or fix it improperly, then they may be forced to return it to the consumer.
Another provision of the lemon law for used cars is the "fair repair" provision. If the dealer makes repairs to the vehicle that they are not able to correct before the warranty expires, then they must provide a refund for the expense of the repair. They are also required to provide a new car inspection report detailing any internal parts that need to be replaced. The report must also state that the repairs to internal parts did not cause the vehicle to fail any tests conducted by the dealership. This test is typically referred to as the PMI.

The California Lemon Law also has a "wear and tear" provision. Manufacturers are required to repair or replace parts that are worn or damaged so that they work properly again. A car may be considered a "lemon" in these six states if it is older than 12 months and has been owned by the manufacturer for less than six months at the time of filing the complaint. In these states, a vehicle must be returned to the dealer if it proves to be such a lemon that it cannot be repaired. If it is determined to be a lemon, it can be repaired, but the price will still have to be approved by the manufacturer before the sale can go through.
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