Lemon Law on used car.
Burton, OH
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Posted 4 months ago in Lemon Law
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I purchased a 2008 GMC Acadia in in March 2008 and it had 8,000 miles on it. Since then it has had the camshaft replaced, steering column replaced, huge water leak fixed, and just last week the rear brakes locked up and I had to have it towed. It now has 40,000 miles on it. Can I use the lemon law?
Answers (1)Ronald Lee Burdge
This attorney is licensed in Ohio and 1 other state.
Posted 4 months ago.
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Probably not, but that does not mean you are stuck since there is a federal lemon law and other state laws that may give you the legal ability to do what you want. The Ohio Lemon Law covers vehicles that are sold new. It also covers used cars if the vehicle was bought within the first year or 18,000 miles of its original sale date. Since your vehicle had 8,000 miles on it when you got it, it was technically "used" even if it had not already been sold before. If the Ohio Lemon Law does cover your purchase, you then have to fit one of the 4 Ohio definitions of a lemon: (1) 3 failed attempts tor epair the same defect, or (2) more than 30 days out of service, or (3) more than 8 repair attempts, or (4) one failed attempt to fix a "deadly" defect. If you fit one of those, and it sounds like you might, then you may have a state lemon law claim if you met any one of the presumptions within the first year or 18,000 miles of the vehicle's original sale date. If not, other warranty laws may still help you when you buy a used car. The federal lemon law, called the Magnuson Moss Warranty Act, requires the warrantor to repair any warranty-covered defect within a reasonable number of repair attempts and within a reasonable amount of time. The problem is, what you think is reasonable may not be what the dealer thinks is reasonable. This one is arguable but it sounds like it might cover you too. Ohio has an old warranty law too, called the Ohio Commercial Code. Every state has one of these and they each are a little different and many, like Ohio, require the same sort of proof that the federal lemon law does (but the federal law gives you the ability to recover your attorney fees on top of your damages). Then Ohio has several other consumer protection laws that apply to car sales, new and used. They all come out of one fundamental law, called the Ohio Consumer Sales Practices Act, which makes it illegal for any merchant to do anything that is unfair or deceptive or unconscionable in dealing with a consumer. For instance, breaching a warranty can be unfair to you. Misrepresenting the reliability of the vehicle may be unfair to you. There are lots of things that might fit that law. If that law is violated you may have the right to recover damages or cancel the sale. Ohio also has a special law that covers car dealers and says what they can and can not do in selling cars and trucks to consumers. If the dealer misrepresents almost any aspect of the vehicle or the deal, they may violate that law and that can give you the right to cancel the sale, even if you were happy with the vehicle. You can see this all gets rather complicated pretty quick. That's why you should talk to a Lemon Law attorney about your specific situation, but don't wait too long. The strongest Ohio law you can use has a time limit of having to file a claim within 2 years of the sale or your rights will expire. As long as you file in time, you are okay. To find a lemon law attorney, call your local attorney bar association or check this web page for a free national list of lemon law attorneys (they don't pay to be listed here and most are members of the only national consumer protection organization for lawyers): http://www.ohiolemonlaw.com/locate-a-local-attorney.shtml
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