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Used car-- Purchased on 3/19/2013. $500 down payments of $305.00 a month. Transmission has to be redone, estimate 1200 to fix.

Fort Smith, AR |

Not sure what the arkansas lemon law stands on this. I think it is either 45 or 60 days from purchase. The car was purchased for around $3600.00 to trade it in during July to up grade. Supposed to be a 90 day car to trade up in July but is not making it till then. It is time for my second payment but I won't give it to them until they tell me what they are going to do on this car. The quote from the mechanic was faxed in friday, they are sending to main office in springdale today. They said it could take a day or two and i will have to pay a late charge of $5 dollars a day. It was a as is car to up grade in 90 days but hoping the arkansas lemon law will save me here.

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It probably won't but that doesn't mean you are stuck. Used car dealers seldom follow all the laws right and if you catch them doing one thing wrong, that may save you. There is a used car lemon law in Hawaii, Massachusetts, Minnesota, New Jersey, New York, and Rhode Island, but not in your state. 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: 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), like one of the 4 Arkansas lawyers listed at You can go to this web site page for 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, 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,

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

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. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link ( and find one near you

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