Lemon Law for Used Cars
Although the North Carolina Lemon Law does not apply to used vehicles, a similar federal law provides strong remedies to consumers who unwittingly purchase defective used vehicles. The Magnuson-Moss Warranty Act covers used vehicles that are purchased with a dealership or third-party warranty, dealership service contract, or when the original manufacturer's warranty still applies. Like the North Carolina Lemon Law, the Magnuson-Moss Act requires covered used vehicles to be repaired within a reasonable time or number of attempts. If the vehicle is out of service for too long or for too many repair attempts, then you may be entitled to get your money back, receive a comparable replacement vehicle, or other monetary compensantion for breach of warranty.
You Have Options
At The Norris Law Firm, PLLC, we help consumers obtain relief after purchasing a used lemon. We know how frustrating it can be to have purchased a vehicle that gives you nothing but problems. The good news is that the law provides rights to purchasers of certain used vehicles. Our law firm is dedicated to helping clients enforce their rights when dealers, third-party warranty companies, or service contractors refuse or are unable to uphold their warranty or service contract obligations.
Details About Magnuson-Moss
Who is Covered? - You are covered by the Magnuson-Moss Act if you have purchased a used motor vehicle:
- Along with a dealer or other third-party warranty (this includes warranties such as "30-Day"/1,000 miles, and other similar written warranties);
- That is still 'new' enough to be covered by the original manufacturer's warranty;
- Along with a separate service contract from dealer within 90 days of acquiring the vehicle.
Remedies Available - If you have purchased a used vehicle along with one of the items listed above, you may be entitled to either a replacement vehicle, full refund, or other monetary compensation caused by the breach of warranty. Best of all, you are entitled to attorney's fees incurred in enforcing your legal rights, regardless of the relative value of the vehicle you have purchased or the severity of the defect.
"As-Is" Vehicles
As-Is Vehicles are Not Covered - Unfortunately, if you have purchased a vehicle "As-Is", it is most likely not covered by the Magnuson-Moss Act. However, the law requires warranty "disclaimers" such as an "as-is" notice to be "conspicuous", or easy to see and clearly explained. In addition, the dealership is not permitted to lie to you or otherwise deceive you about the vehicle's underlying condition and then hide behind an "as-is" disclaimer. If you have purchased an "as-is" vehicle that is seriously defective after its purchase, then it is possible you may still have other legal recourse, including claims for fraud and unfair and deceptive trade practices.
An Ounce of Prevention... - In today's market environment, consumers need to be wary of the vehicles they purchase and take steps to protect themselves. Although this doesn't give dealerships the right to mislead, deceive, or cheat you to make a sale, when buying a vehicle it is never more true that "an ounce of prevention is worth a pound of cure."
CarFax and Autocheck are two services that provide a great 'insider" look into a vehicle's history. Although it can be rather costly to run one for every vehicle you are considering, when you have narrowed down your choices, these are great resources and are worth every penny if they make the difference between purchasing a lemon or a reliable vehicle.
Have the vehicle checked out by a trusted mechanic. You always have the right to require the vehicle to be checked out by your mechanic first, and you should always require the sale to be contingent upon a successful inspection. Despite a common misconception, there is no official 3-day "Cooling Off Period", so it is best to do your homework before signing on the dotted line. If a dealership is hesitant to let you do this or resists such a request, walk away and find a better dealer.
Finally, you need to take action and do your part to help North Carolina pass a Used Vehicle Lemon Law. Consumers, especially those who find themselves stuck with an "as-is" lemon, need to lobby their own state representatives to demand that the State pass such a law. Call or write your state representative or senator, tell them your story, and lend your voice to others who are advocating for stronger consumer protection laws for used vehicle buyers.
Learn How our Law Firm Can Assist You
To discuss your individual situation and learn how we may be able to help you, contact the Norris Law Firm, PLLC. Call 919-805-3392 to schedule a free initial consultation about Magnuson-Moss and the used car lemon law.
