I bought a car 1 month ago and only had a 15 day warranty. Does the Lemon Law apply to unsafe brakes if within a month?I bought a car 1 month ago and called the deater about 17 days after I bought the car because the brakes started squeeking.I was told that I was past the 15 day warranty. I was given a bill for $600 for repairs to the brakes. The mechanic told me the car is unsafe to drive. Does the Lemon Law provide that the dealer has to fix the brakes? Attorney answers (2)
Every state has its own Lemon Law and each one is a little different from the other states, but most of them requrie that you buy the vehicle new or within a relatively short time after the first retail sale and still while covered by the factory's new car warranty. Here, you got a 15 day warranty from the dealer so the question is what rights exist when the defect becomes obvious only after the warranty has expired. In a used car sale, your legal rights are mostly determined by the paperwork that you sign. If you get a warranty or guarantee then generally the terms of that warranty are all you have to look at. But if your warranty expire before your problem arises, then you may or may not be stuck having to pay for the repair. A couple of things can make the difference. If the seller knew or should have known that the problem was there and didn’t tell you, then that may be fraud. If the problem was worked on before the warranty ran out and then arose again later, then the seller still has to fix it (they can’t work on it until the warranty expires and then say you are on your own because that shows they never really fixed it at all, which is what the warranty required them to do). If you never complained about the problem, but it was there all along and only arose after the warranty expired, then you will have to be able to show that the problem was there and the seller either knew or should have known about it. Another thing to look at, for your warranty rights, is the selling dealer’s “Buyers Guide” sticker that was on the vehicle when you bought it. There’s a federal law that requires all car dealers to post on the window of all used cars they are selling a special “Buyer Guide” form (it’s often called a Used Car Window Sticker) that discloses whether or not a warranty comes with the car. Many small lot car dealers don’t comply with the law. If they don’t, then you may end up with a warranty after all and you may even have the right to cancel the sale. The back side of the form has to be completely filled out and many car lots, big and small, fail to do that too and that can also trigger your right to cancel the deal. You can see what the Buyer Guide form looks like on this web site page: http://ohiolemonlaw.com/used-car-lemon-law.html . You need to talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud). Call your local attorney's Bar Association or you can go to this web site page (http://ohiolemonlaw.com/locate-a-local-attorney...) for a nation-wide listing of consumer lawyers 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). Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please check the box below.
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