Is my used car protected under the Federal Lemon Law
Columbus, OH
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Posted 9 months ago in Lemon Law
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I purchased a used car (5,000 miles) in April 2008. I took it mmediatly to have the oil changed and the technician noticed it was leaking differential fluid potentially from a crossthreaded plug. It is still under the manufacturers warranty. So I took it back to the dealer where I purchased the car and they cleaned up the plug and said it was fine. It started leaking again second time they replaced a seal. It is still leaking. I called and this will be the third time they are trying to fix the same problem. At this point I want the entire differential replaced and if they will not comply I would like to know if I have legal options. THanks
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Answers (1)Ronald Lee Burdge
This attorney is licensed in Ohio and 1 other state.
Posted 9 months ago.
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The federal lemon law (the Magnuson Moss Warranty Act) covers almost all consumer products. It only applies, though, if your used car came with a written warranty or a service contract (what some people call an extended warranty). It does not require anyone to give a written warranty, but if you get one, then certain legal rights also apply. Basically, the warrantor has to live up to their warranty by repairing any warranty-covered problem within a reasonable number of chances. What may be reasonable depends on the circumstances, but there have to be at least two repair chances and maybe more depending on what the problem is and how serious it is. In addition, in Ohio if your used car was bought within 12 months and 18,000 miles of its original sale date, then the Ohio Lemon Law can cover you too. That law is much tighter and has 4 definitions of what is a lemon vehicle. 1. no more than 3 repair attempts for the same problem; 2. no more than 30 days out of service; 3. no more than 7 attempts to repair any defect; 4. if it's a defect that is likely to cause an accident or someone to get hurt, only one chance to fix it. In addition, Ohio has a special Motor Vehicle Advertisement and Sales Rule that applies to all consumer vehicle sales and which makes it illegal for any dealer to misrepresent any aspect of the vehicle or the transaction. Another Ohio law (the Consumer Sales Practices Act) makes it illegal for any retailer to do anything that is unfair or deceptive in a consumer transaction. Lots of Ohio laws can apply to a vehicle sale, new or used. There's another federal law that may help you, too, the FTC Used Car Window Sticker, which is violated lots of times. That law requires all car dealers to post, and deliver to the buyer, a "Buyer Guide" form on the car's window that discloses your warranty rights from the dealer. Where many car dealers violate the law is by not filling out properly the back side of the form, which can also give you the right to cancel the deal, even if you're happy with the car (let alone in your kind of situation, where you clearly aren't happy with it). To find out more about what you can and can not do, what your rights are, and how to get out of a lemon used car (or a lemon new car), you should talk to a Lemon Law lawyer. You can find one by looking at this web page's National List of Lemon Law Lawyers (it's a free list that lawyers don't pay to get their name posted on), here: http://ohiolemonlaw.com/locate-a-local-attorney.shtml
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