What to do if I recently bought a 7 year old used carbut due to the year it does not qualify for the state used car lemon law?

UPDATED: Sep 13, 2011

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What to do if I recently bought a 7 year old used carbut due to the year it does not qualify for the state used car lemon law?

I purchased the car last month. The same day, the engine light came on. Repairs have been attempted but none successfully. I feel the dealer may be biding his time until the 3 month warranty expires. The dealer states it is an issue with the transmission. Unfortunately it has been almost 2 months and no resolution as of yet.

Asked on September 13, 2011 under General Practice, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you feel that the dealer knew--or at least reasonably should have known (i.e. any reasonable or average dealer in his position would have known) of the problem(s) you've been experiencing and deliberately misrepresented the condition of the car to you, you may have a cause of action based on fraud. If so, you may be able to sue for either damages (compensation) or to rescind the transaction--i.e. you give the car back, they return your money.

However, if there was no fraud--so the dealer did not knowingly misrepresent information relating to the vehicles condition--then you probably do not have any recourse in this situation, unfortunately. There is a certain risk associated with buying used cars, which the law does not fully protect you from.

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 AttorneyPages.com 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.

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