When you buy a new car, you trust that the vehicle will be in good condition and without any major defects. However, sometimes cars have problems that weren’t disclosed by the seller or manufacturer. This, too, can be a possibility when buying from an individual or private seller where the vehicle is usually sold “as is”.
If you’ve bought a defective car, Lemon Law may be able to help you get a refund or replacement vehicle. But does Lemon Law apply to private sales? Let’s take a closer look.
What Makes A Lemon Car?
There are a few key characteristics that define a lemon car. In order for your vehicle to be considered a lemon, it must:
– Have a serious safety defect
– Have a problem that can’t be fixed after multiple attempts
– Substantially affect the use or value of the car
If your car meets these criteria and you bought it from a dealership, you may be protected by state Lemon Laws. But what about if you bought the car from an individual? Does Lemon Law still apply?
Does Lemon Law Apply To Private Sales?
The answer is maybe. Whether or not Lemon Law applies to private sales depends on the state you live in. Some states have laws that specifically exclude private sales from being covered, while other states have laws that offer protection for private sales.
In the case of Dagher v. Ford Motor Company, (2015) 238 Cal.App.4th 905, California’s lemon law did not apply to private car sales because these were between two private individuals rather than retailers who are engaged in business activities related with selling consumer goods at retail level – which is what defines them as “people dealing within this field.”
This means that if you buy your vehicle from someone other than a dealer or other approved installer then there’s no guarantee they will provide correct repairs under Lemon Law standards; however it doesn’t mean all options may be off the table entirely.
If you’re not sure whether your state offers protection for private sales, your best bet is to contact a lemon law attorney in your area. They will be able to tell you whether or not you have a case and what your next steps should be.
What To Do If You’ve Bought A Defective Car From A Private Seller
If you’ve purchased a car from a private seller, only to find that it is defective, you may feel like you’ve been cheated. However, there are a few steps you can take to try and remedy the situation.
Get a professional inspection. Before you do anything else, it’s important to get a professional opinion on the condition of the car. A qualified mechanic will be able to tell you whether or not the car has any serious defects.
Gather evidence. Once you’ve had the car inspected, start gathering evidence to support your case. This can include things like repair records, receipts, and pictures of the defects. The more evidence you have, the better.
If you bought a defective car from a private seller, try to resolve the issue with the seller first. If they are unwilling or unable to help, your next step will be to contact the manufacturer. Many manufacturers have programs in place to help buyers of defective cars, and they may be able to offer you a repair or replacement.
Buying a defective car does provide you remedy options under the lemon law. Private seller that sold you the lemon car should be willing to work with you if they don’t want to face legal consequences.
However, if neither the seller nor the manufacturer is willing to help, your next option is to file a lemon law claim. Speak to a lemon law attorney. An experienced lemon law attorney will be able to tell you whether or not you have a case and what your next steps should be. They may also be able to help you negotiate with the seller for a refund or replacement vehicle.
If you decide to file a lemon law complaint, you’ll need to do so with the state Attorney General’s office or the Department of Consumer Affairs. You can find the contact information for these offices on your state’s website.
No one wants to end up with a defective car, but if it happens, there are ways to get compensated. By following these steps, you can protect your rights and get the resolution you deserve.
Buying a defective car is never fun, but it can be especially frustrating if you bought the car from a private seller. However, depending on your state laws, you may still be protected.
If you think you’ve purchased a lemon car from a private seller, make sure to speak to an experienced lemon law attorney in your area. They will be able to tell you whether or not Lemon Law applies in your case and what your next steps should be.