Expert Advice When You Need It Most

I purchased a used vehicle. Drove 5 days and motor went out. Lemon law apply in IA?

A freeze plug was leaking and all plugs had been siliconed in. Vehicle was
purchased as is, but the dealership said everything had been checked. If
so, mechanic should have seen this problem. Is this covered by lemon law,
I just want my money back.

Save

Attorney answers (1)

Avvo Pro

Reputation Level 17
"As Is" hardly every really is "as is" legally, in my experience with car dealers. But every state has its own Lemon Law and whether your vehicle is a lemon depends on your law and the facts of your case. You can read an outline of your state's Lemon Law on this web page here: http://ohiolemonlaw.com/state-lemon-law-summari.... There is also a federal lemon law that covers almost all consumer purchases and it can help you too; it's called the Magnuson Moss Warranty Act. Some state lemon laws only cover vehicles purchased new and other state laws (like Ohio) can cover used or new, so you have to read your state's particular law to know what your legal rights are. Generally, all state Lemon Laws require that you return the vehicle to the manufacturer's dealer for repair attempts at least 3 or 4 times for the same defect before you can claim it is a lemon, although there are other definitions of what a lemon can be in some states. If you do have a lemon, then you probably have the right to chose between getting your money back or getting a replacement vehicle. But even if the lemon law doesn't cover you, there are other strong laws that can help. Also 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 your warranty rights. 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 should talk to a Lemon Law lawyer near you. Call your local attorney bar association and ask for a referral to a lemon law lawyer near you. Or you can check this web page for a Free Online 50 State national List of Local Lemon Law Lawyers (they don't pay to be listed here and most of them are members of the only national association of consumer law lawyers): http://ohiolemonlaw.com/locate-a-local-attorney.... 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, check the box below.
1 person marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now