Do I have any consumer or lemon law rights if I purchased an “as is” car?

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Do I have any consumer or lemon law rights if I purchased an “as is” car?

I bought a car from a Buy Here/Pay Here lot. I did sign an “as is” form, but 2 weeks into driving the car I started having problems. The car lot owner told me he would work with me to get it fixed. Now the car is in even worse condition with motor problems and the car lot won’t return my calls. Am I stuck with car? I’ve already paid over $1000 in 2 months’ time.

Asked on July 12, 2011 under General Practice, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is something known as the "Lemon Law". In general terms, it permits consumers to seek a replacement or a reimbursement of purchase price for major consumer products (such as cars) which are defective and which cannot be repaired within a reasonable number of repair attempts. For such a claim however there has to be a warranty. So when a consumer buys a car "as-is", they are expressly disclaiming any warranty. That having been said, the consumer may yet have a fraud claim, because fraud claims are not invalidated by an "as-is" purchase provision. Further, if the dealer or manufacturer does not comply with the law of clearly and conspicuously disclosing the "as-is" terms, then the consumer may have a lemon claim.


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