I bought a car from a Buy here pay here lot in July(2014), the problems started on the first day, we got it home and the fan kept running, till it ran the battery dead. We called the car lot, they said if we could get it back to the lot, they'd take a look at it, so we jumped it and took it back the next day- which they had to keep it 2 days to fix, they said it was wiring problems. Last month, the engine locked up- it has been sitting parked since then, while i have still made the payments, i had to get another car. i can no longer afford the payments on the broke down car- does this apply to the lemon laws in Ohio?
Just because you bought a used car does NOT mean that you bought it "as is" because there is no automatic "as is" law that applies to used car sales. The car dealer has to follow a special federal law on how to sell a car "as is" and frankly many small dealers don't follow the law. But there is no used car lemon law in Ohio and the new car lemon law only applies if your defects occurred within one year or 18,000 miles of when the car was first sold new. But even if that isn't your case, there is still more to consider. You have to look at your sales paperwork. But don’t stop there; think about the oral representations that were made when you bought it. Was anything misrepresented? Also, are you a victim of fraud? There is a long technical definition for fraud in Ohio but basically it is a lie that costs you money. But car dealers can lie in different ways. An outright lie about something, a half true statement can be a lie, and hiding the truth from you by not saying what they know you would want to know - that can also be an act of fraud. If you think your purchase was “as is” don’t give up yet because many car dealers don’t comply with federal law on how to sell a car as is. In Ohio, 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, so think hard about those aspects. But even in a real “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 by clicking on the link below. On top of all that, Ohio has a great Udap law that makes it illegal for a car dealer to do anything that is unfair or deceptive to a consumer and that law can help you in a used car sale too. If less than a few thousand dollars is involved, you may want to go to Small Claims Court on your own. To find out what your rights are, you need to talk to an Ohio Lemon Law attorney. 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 Lemon 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 the best answer you get so we can all be sure we are doing a good job. Thanks for asking and Good Luck
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 (http://tinyurl.com/79ku5jx) and find one near you
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