AmI entitled to any kind of justiceregardingaused carthat Ijust bought?
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AmI entitled to any kind of justiceregardingaused carthat Ijust bought?
I just bought a 2003 SUV 1 week and 1 day ago. Before I ever got home the check engine light came on. I called the dealer and they gave me the run-around and sent me to a voice mail. But since then I have been stranded 2 states away and spent $200 on repairs that Ihave no doudt they knew about and just reset the the service engine light so that it would disapear until after someone bought the vehicle. I got it fixed. As soon as I pulled out the shop the light came on again less then 2 miles down the road. It said something completely different was wrong.
Asked on November 3, 2010 under General Practice, Louisiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You have what is knownn as a used car lemon. Unfortuately, Lousiana does not have alemon law for used cars (unless it nis a recent model and then there are mielage and time requirments) BUT there are a host of other laws that may be able to help you here.
First, the Federal Trade Commission has a used car rule that requires dealers to post a Buyer's Guide in every Louisiana used car they sell, including light-duty vans, light-duty trucks, demonstrators, and program cars. The Buyers Guide becomes part of your sales contract and overrides any conflicting provisions in your contract. Also, Louisiana laws say that a dealer has implied obligations, such as the soundness of the vehicle. In some states, however, dealers can get around implied warranties by selling the vehicle "as is."
A warrant of merchantability is an implied warranty and says that a vehicle will run like it's supposed to. While it doesn't cover every component of a vehicle, it does apply to its basic functions. In this instance, the buyer has to prove that the defect was present at the time of sale. Then there ar Express Warranties made by the dealer to you that are just not true. Also, every state has an Unfair and Deceptive Acts and Practices (UDAP) law. These laws can often be used even if the used car is sold "as is," as long as the dealer is guilty of a verbal deception or a failure to disclose information about the vehicle. Get some help with all of this. Good luck.
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