having the same problem with a car purchaced 3 monthes ago been in shop with dealership for same problem about 4 times in the last 3 months, , more time in shop than we have actually crove it in the past 3 monthes
Lemon law is warranty law. You have a warranty but only a few states have used car lemon laws. ALL states recognize the Federal lemon law (Magnuson Moss) AND your state has a solid consumer fraud law that lemon law practitioners seem to prefer to use SO you do have options. Find someone good like Amy Kleinpeter, Sharon Campbell or Dana Karni to help you here:
It won't be easy but it's not impossible to straighten this out, but you likely will need an attorney's help. There is a used car lemon law in Hawaii, Massachusetts, Minnesota, New Jersey, New York, and Rhode Island, but not in Texas. So that means you have to look at your sales paperwork first. If there is no warranty or guarantee there, then you look at the oral representations that were made and ask if you are the victim of fraud. There is a long technical definition for fraud in each state but basically it is a lie that costs you money. If your purchase was “as is” then that is what the dealer will argue to avoid doing anything for you. Practically speaking, “as is” isn’t always legally as is, even though every car dealer wants you to think so. In most states, your legal rights in a used car sale are mostly determined by the paperwork that you sign, what you were told by the dealer, and if the dealer hid anything serious about the vehicle from you. But even in an “as is” sale you might get some legal rights anyway, even if you thought you didn’t. And besides that, if the seller hid something from you that they knew and also knew you would want to know about before committing to the purchase, then that can be fraud - regardless of any “as is” sales attempt. Also, in some states an oral representation by the seller may over-ride a written disclaimer of warranties. 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://tinyurl.com/8wv7tvv. Once you have already spent your money, it's not too late to have an independent repair shop inspect it and tell you what they think, but the best time is before you put down your hard earned money. If less than a few thousand dollars is involved, you may want to go to Small Claims Court on your own instead of getting an attorney. To find out what your rights are in your state, 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). Texas is a big state so you need to look at the Free Online 50 State National List of Consumer Law Lawyers (www.USLemonLawyers.com) 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). 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 mark your Best Answer so Avvo lawyers know we are doing a good job. Thanks for asking and Good Luck. Ron Burdge, www.OhioLemonLaw.com
What a Used Car Buyer Guide Looks like - Click Here
What Is Fraud? Click Here to Find out
Did a Business Treat You Unfairly? See What Your Udap Rights Are to Protect Yourself, Click Here
Learn the 3 Kinds of Fraud, Click Here
Free Online 50 State List of Consumer Law Lawyers, Click Here
How Can You Avoid Buying a Lemon Used Car? Click Here to Find out
No, the "lemon law" only covers new cars but you still have rights!
I'm not sure if you are saying the warranty has been covering the repairs or not --that is one issue. However, there are others as well, dealing with what you were told when you purchased the car and how old and expensive the vehicle was.
I would recommend you get all the repair paperwork together and also the paperwork from when you purchased the car and make an appointment with a consumer lawyer in your area. You can find on one www.naca.net.
I know Sharon Campbell practices in the Dallas area.
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