Bought a used car thats a lemon.

Asked over 2 years ago - Rogers, AR

we have returned the car which is still under warranty three times for repair the company has not fixed anything that was wrong still having same issues. They intern treat us like we are crasy. they say there is nothing wrong with it. but it leaks all the power steering fluid out and shifts hard and funny . now the steering is going out.

Attorney answers (2)

  1. Ronald Lee Burdge

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Since you flagged your inquiry with "as is" and "used car" and "warranty" I will assume all of those were part of your deal. Since a car dealer can't sell a car "as is" and also with a warranty (that would violate federal law, the Magnuson Moss Warranty Act), then you got a warranty of some kind with the car. With a warranty, if it covers your problem then your obligation is to give the dealer a chance to fix it and the dealer's obligation is to get it fixed. When they fail to fix it within a reasonable number of chances or within a reasonable amount of time - or if they refused to fix it at all - then that is a breach of your warranty under every state's commercial code law. It might also violate your state Udap law, which makes it illegal for a merchant to do anything that is unfair or deceptive to a consumer too. Since you gave the dealer 3 chances to fix it and they won't, under most state laws you would then have the right to get it fixed somewhere else and sue the seller. If the amount is smaller, you may be able to use your local small claims court yourself. This can all be confusing and the law can be different in different states so your best bet is to talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud) and show them your sales papers. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-loca...) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote Up” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.CarSalesFraud.com

    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your... more
  2. Scott Richard Kaufman

    Contributor Level 20

    Answered . Looks like you need to speak with someone who handles lemon law issues.

    Find someone qualified to help you here:

    http://www.naca.net

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