I bought a car from a dealership July 27th of this year. I bought the car with an as-is warranty. Two weeks after my purchase the transmission went out in the car. We called the dealer and he said he would work with us. He told us to try something and if it didn't work, to call him back and we will work something out. The car still wasnt working, so we gave the guy a call. He was very rude and vulgar towards us. The dealer eventually hung up on us. Do I have anything I could take the guy to court.
Consumer Protection Attorney
I would suggest contacting a consumer lawyer in your area. Try www.naca.net or http://www.ohiolemonlaw.com/locate-a-local-attorney.shtml to find one. They can at least point you in the right direction regarding whether there is a used car lemon law in MN. You may also be able to be able to revoke acceptance (give back) the car. Under the Uniform Commercial Code Section 2-608, the criteria for returning a purchased item is set out. Good luck.
The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.
Lemon Law Attorney
Steven Moskos is correct as always. Even if there is no lemon law for used cars in MN keep in mind that if you may have other ways to coax some relief out of the dealership. A good consumer attorney is your best bet.
General Practice Lawyer
Contact a consumer protection attorney to discuss. As stated, naca.net provides a list of well qualified consumer protection attorneys in your area. Many consumer protection attorneys, such as myself, would be more than willing to freely consult with you.
To answer your question, you may have a case. More facts are needed.
Adam W. Klotz
Free Consultations- 612.223.6767 ext. 3
The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice or the opinions of this attorney or affiliated law firm. Links that may appear on this site are intended solely for your convenience in identifying and accessing other sources of information.
Lemon Law Attorney
Yes, Minnesota, like a few other states, has a used car lemon law and some other special laws that govern used car sales. They also have a good used car lemon law. The Minn. used car lemon law only applies to vehicles bought from dealers - no private sales are covered - and it only covers major components of your car and there are some limitations in the law. Only used cars, pickup trucks or vans bought or leased from a car dealer and costing at least $3,000, less than 8 years old, and which have less than 75,000 miles on them are covered. But some used vehicles that are not covered by the Minnesota Used Car Lemon Law may still be covered by the federal Lemon Law (the Magnuson Moss Warranty Act) as long as the dealer gave the buyer a written warranty of any length at all. The law requires car dealers to give the buyer a written warranty but the length of it depends on the car’s mileage. The more mileage on the car, the shorter the warranty length. Up to 36,000 miles on your car? 60 days or 2,500 mile warranty, covering the engine, transmission, drive axle, brakes, steering system, water pump, some fuel pumps, radiator, and the main parts of the ignition system. 36,000 to 75,000 miles? 30 days or 1,000 mile warranty, covering the rack, the radiator, and the main parts of the ignition system. The dealer can give a longer warranty if they want, but they can’t give a shorter one. You can read more about the Minn. Used Car Lemon Law at the link below. Outside of Minnesota, whether your vehicle’s defects make it a lemon depends on your state’s laws and the facts of your case. You can read an outline of your state's new car Lemon Law at the link below. There is also a federal lemon law that covers almost all consumer purchases and it can help your used vehicle purchase rights too; it's called the Magnuson Moss Warranty Act. Most of your rights when you buy a used vehicle are determined by the paperwork you sign but when you bought it can matter too. If you bought it very recently, then you may have more legal rights (again, depending on your paperwork and what representations were made to you when you bought it). But that’s still not the end of it. If the vehicle has hidden damage the dealer knew about and didn’t tell you then that could be fraud too. There’s also 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 at the link below. There’s only way to know for sure what your legal rights are - talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud). Go to www.USLemonLawyers.com to find a Free Online 50 State National List of Consumer Law 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). 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 it a “Vote Up” review below. And please 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
Does the Minnesota Used Car Lemon Law cover you? Click here and see
This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.