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

UPDATED: May 25, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 25, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 10 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!

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption