Does the lemon law extend to private sales?

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Does the lemon law extend to private sales?

I traded my car for another car. They verbally told me that there is no mechanical problems with the car. But after we did the trade I had it taken into my mechanic and he gave me a whole list of problems with the car. So I was wondering if the lemon law or any other state law can help me in this situation in which I can get my car back or something can be done? In CO.

Asked on March 17, 2011 under General Practice, Colorado

Answers:

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

Answered 11 years ago | Contributor

So this is a used car "sale" through a private party, correct?  Under Colorado statutes regarding the sale of used cars, if the consumer purchased a used car from a private party, their only recourse is small claims court if the amount of the car is $7,500.00 or less. If the amount paid is over this amount, they can utilize county or district court. Used cars are generally sold “as is” which means the consumer inherits whatever problems come with the car. There are, though methods of voiding the "contract" or setting it aside in cases of fraud or misrepresentation.  But you will need to discuss the issue in great detail with an attorney in person. You have an unusual situation. Used cars need to be checked out thoroughly by an independent mechanic before buying. Good luck.


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