Can I use the lemon law if my used car had faulty brakes?

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Can I use the lemon law if my used car had faulty brakes?

I bought a 2006 car from a dealer. I crashed it 2 weeks later because the brakes failed. Come to be there were no bolts in my calipers to hold my brakes together, and the brake pads were worn down to the metal.

Asked on October 29, 2010 under General Practice, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Lemon laws vary per state.  In Michigan, the lemon law covers new vehicles covered by the manufacturer's warranty and any used vehicles still covered by warranties.  So the lemon law may not apply in your situation.  The next issue is usually motor vehicles that are used are bought as is with no warranties but there may be a state law in place that requires the dealer who is selling the motor vehicle to warranty it for a certain amount of time or that it is drivable and safe. Any hardware issues may be considered a fraudulent sale but you would need to closely check your paperwork (the purchase and sale and retail installment contract).  Consider filing a complaint with the agency who handles these types of purchases and see if a resolution could be made through the complaint process.


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