What to do if I recently bought a 7 year old used carbut due to the year it does not qualify for the state used car lemon law?

I purchased the car last month. The same day, the engine light came on. Repairs have been attempted but none successfully. I feel the dealer may be biding his time until the 3 month warranty expires. The dealer states it is an issue with the transmission. Unfortunately it has been almost 2 months and no resolution as of yet.

Asked on September 13, 2011 under General Practice, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you feel that the dealer knew--or at least reasonably should have known (i.e. any reasonable or average dealer in his position would have known) of the problem(s) you've been experiencing and deliberately misrepresented the condition of the car to you, you may have a cause of action based on fraud. If so, you may be able to sue for either damages (compensation) or to rescind the transaction--i.e. you give the car back, they return your money.

However, if there was no fraud--so the dealer did not knowingly misrepresent information relating to the vehicles condition--then you probably do not have any recourse in this situation, unfortunately. There is a certain risk associated with buying used cars, which the law does not fully protect you from.


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