What isa dealer’s responsibility for pre-existing problems with a used car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What isa dealer’s responsibility for pre-existing problems with a used car?
I recently purchased a used car, and have already spent $450 on diagnosis and repairs for problems that the dealer never told me about or lied (ie. he said “AC is great.” when it started getting hot and I tried to use AC it was not cold at all) The ignition on the car is clearly bad, the dealer has admitted as much, but he refuses to pay to replace it. He has offered to give me a replacement, the history of which I do not know. What is my possible recourse, since I continue to find new problems with the car?
Asked on May 11, 2011 under General Practice, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 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. However, there are several other types of laws that can be used to help you in the event you discover that you've bought a used car lemon. 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. Second, each state has what are called Unfair and Deceptive Acts and Practices (UDAP) laws. If the dealer has, for example, made verbal promises or didn't tell you about issues relating to your used car, you may have a cause of action. Third, Virginia's version of the Uniform Commercial Code may provide you with relief. I would look in to these laws and see what you can do. Good luck to you.
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.