What legal rights do I have if I purchased a used car that is a lemon?
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What legal rights do I have if I purchased a used car that is a lemon?
In 11/09, I purchased a 1999 car. When we test drove the car, the steering will was shaking. The salesman said it was the tires and he would replace them, which he did. When we purchased the 3 month warranty, the dealer said not to worry, if anything happened to just bring it to him. Within a month, there was a problem and a mechanic told us it was the transmission. We called the dealer, took it to him and he gave it back to us in 1 day and said it was fixed (with no paperwork). Since then we have rebuilt the transmission, rebuilt alternator, repaired the engine, now the starter is bad.
Asked on November 5, 2010 under General Practice, South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Although South Carolina's lemon law does not seem to cover your car per se, the fact that you have this other warranty is fabulous and could in fact get you the relied you need by suing based upon a breach of warranty claim. There are also a bunch of other laws in South Carolina that can be a help to you.
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, South Carolina's version of the Uniform Commercial Code may provide you with relief.
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