Question:
Is my car protected by lemon law?
August 30th 2010 I purchased my 98 audi a4 with 89,000 miles from a dealer who claimed there had been nothing wrong with it. It came with a six month warranty which I had to pay a $ 100 dollar deductible for each repair.
During that six months I had to replace:
Both rear struts
Both rear springs
Power steering rack
ABS computer
had to buy a new dip stick and clips for the skid plate
After the 6 month warranty was up i’ve had to:
replace rear wheel bearing
new set of tires
replace air flow sensor? (thing that regulates how much gas the engine runs on)
Now the front passanger wheel bearing is bad
and the timing belt needs replaced (passed the suggested replacement time)
The car currently has 94,448 miles April 21 2011.
Does this qualify for a lemon lawsuit? and any tips on how to do so would be great
Answer by Vipassana
The Lemon Law refers to NEW vehicles only (with very few exceptions). Which means your vehicle is, by definition of the law, NOT A LEMON.
http://en.wikipedia.org/wiki/Lemon_law
Go read up about it. The law is to protect you, if a new vehicle suffers the same problems over and over, or if the dealership fails to abide by a warranty.
So far, neither has happened in your case.
What you have, is a used car, with issues. No different than any other used car with issues.
There is no lawsuit here. You are not protected by anything.
As far as him claiming nothing was wrong with it….can you prove that there were problems he knew about and hid from you? No, you can’t.
I’ve sold plenty of cars that I have not inspected. Legally, nothing says I have to. If someone buys a car from me, and it breaks down; that’s not my problem. As a consumer, YOU needed to have the vehicle inspected prior to purchase. Not just take someone’s word on the condition.
It sucks, but that’s the way it goes.
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No lemon law applies to a 13+ year old car with 90K miles.
You bought an old Audi and if you would have done any research on old Audi’s, none of this would have surprised you.
I’ll keep it short. NO, it does not. Any other reply is wrong.
Lemon law protection for a 13 year old Audi with 89,000 miles on it? Not a chance.
Timing belt is a wear item and needs to be replaced on schedule. The rest of the stuff is typical of a used vehicle neglected by previous owners. You were sold a piece of junk, but there’s no law against that.
You may have many avenues of recourse against this crook depending on state laws and regulations, but unfortunately I doubt Lemon Law which logically should cover it. Lemon Laws were gutted at the outset by pressure from the sellers.
But some states have laws that give protection superior to Lemon Laws.
Hopefully you had a witness w/ you who could testify in small claims court about the dealer’s claim there was nothing wrong w/ it. I assume the seller dint put that in writing.
I’ve tried cases in small claims and won and collected judgements as a non-lawyer, and good witnesses can be extremely helpful.
There’s much uninformed comment repeated on legal issues on cars. One mistaken idea is oral contracts are not valid. Not true, except in the case of real estate. They are valid if there’s convincing evidence of the terms, etc. Witness testimony can be convincing evidence.
An other weapon you have is what the seller knew or should have known about the car. Some laws hold professionals have a duty to know the condition of the products they sell. Failure in that duty can be Negligence, possible grounds for action against them.
If they knew of problems and withheld that from you, [which is very likely in your case] that could be Fraud, also grounds.
A thorough VIN search online w/ about 3 Carfax-like services should help in this. CF is ok for a 4th opinion. Maybe the search will show a past history of many probs the seller should have, or did, know about.
Also check, or have someone check, all the VINs on the car. These crooked sellers sometimes put a bad engine with its own VIN in a car whose other VINs are good. VIN locations can be found online. A non-matching VIN could be used vs this seller in court.
Some states have implied warranty laws that give buyers much better protection than Lemon Laws. Those laws give the buyer an implied [not explicity stated] warranty that holds the car must be fit for its intended purpose, reasonably safe, and free of major defects. If it’s not, the buyer can demand it be made so, or demand a refund.
Also helpful to buyers is the fact some of these laws dont impose a time limit on the buyer for exercising this warranty.
Then there are consumer protection depts at the county, state, and federal levels. And prob at the state atty general’s office.
I’ve also used zoning and enviro laws, etc, against defendants. Say a used car dealer has too many cars on his lot. Maybe some are leaking fluids in to the soil and ground water. Remediation for that can be very expensive, and that could be good leverage for getting a very generous settlement out of them.
So do the VIN searches, organize your documents and call about 10 lawyers who practice consumer law in your area and ask for advice on the phone. I’d always call them before filing suit. Most are very helpful. They’r also considering you as a possible client.
I’d persue every avenue possible in this. You cant lose…even if you dont win a judgement, you’v given yourself a very valuable lesson. In the future maybe you will just have to make credible threats to get justice.
I did that w/ Honda and got them to buy back my new-repo Accord that they botched a bodywork-paint job on. For weeks they said no way, but they finally paid me.
Get informed on your rights, enforce them ruthlessly and you will profit.
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http://www.atg.wa.gov/askcolumn.aspx?&id=11954 WA state atty gen’s office, some used car laws.
http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffvr35.htm New [2006] protections in CA for car buyers, the “Car Buyer’s Bill of Rights
http://www.abanet.org/publiced/practical/carlemon_usedcars.html American Bar Assoc: “…they [Lemon Laws] cover Used Cars in a growing number of states. In some places, the law applies both to dealer and private seller purchases.”
http://www.civiltree.com/filed_suit.php “Recent Small Claims Filings & General News…”
Some Automotive Small Claims Defendants: Audi, $ 3.5k warranty breach. EconoLube, $ 6k, negligent credit reporting. Percision (sic) Tune Auto Care, $ 15k, overcharge on repairs. Superb Auto Repair, $ 1.2k, shop damaged vehicle. Auto Professionals, Inc, $ 2.3k, warranty breach. Sangera GM dealer, $ 3k, fraud. Case evaluation, finding/hiringlawyers, ask a lawyer, search. http://law.freeadvice.com/small_claims/small_claims/
http://www.nhtsa.gov/Vehicle+Safety/Recalls+&+Defects
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You have nothing. You bought a 13 year old Audi. Such issues were to be expected.
You cant lose…even if you dont win a judgement, you’v given yourself a very valuable lesson.
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Hey, legal spank, you got one poster’s AS IS case (just like this car purchase) tossed in seven minutes. That poster learned a valuable lesson using your advice, unfortunately.
I’d watch your guarantees. YOU might get sued for them. Calling someone else a crook…the nerve!
As for the OP, most of all that shiite that broke is wear items and not covered under warranty. Timing belt, shocks and struts, breaks, bearings…all those are on your dime.
Good luck.
You had to put tires on your 12-year-old car and do routine maintenance? Used cars are not brand new. They are USED. Do you really need us to explain that to you?