Am I protected under a lemon/unfair deceptive acts law?

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Am I protected under a lemon/unfair deceptive acts law?

I bought a 6 year old vehicle about a month ago. The dealer told me to return the next day to have the windshield wiper fluid filled and when I went back, it was found to be leaking. They charged me to fix it. Yesterday, the car shut off while I was driving it and I lost control of the brakes and steering. The dealer is telling me that they are not responsible for any diagnostics/repairs. Do I have any legal recourse in this matter?

Asked on May 25, 2012 under General Practice, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Virginia's new car Lemon Law covers demonstrators and used vehicles that are still covered under the original manufacturer's warranty. It does not cover other used vehicles.  But here are other lawsthat do inded cover you. First, the Federal Trade Commission (FTC) has what's called the Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty and other types of information. If the dealer has in any way failed to abide by the FTC Used Car Rule, you may have the basis for a legal claim.

And yes your facts do sound as if the Unfair and Deceptive Acts and Practices (UDAP) laws may help you here. The law deals with a situation in which the dealer has either made verbal promises about the car or didn't tell you about issues relating to your used car. Sounds like there are issues here! Also, Virginia's version of the Uniform Commercial Code may provide you with relief.  Good luck!


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