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I purchased a Pontiac 06 GT here in MD about a month ago. we am right away removing a call from a dealership asking me to pointer a form which we knew a automobile was a lemon law buy back. Was this something we should have been disclosed prior to my purchase? What can we do about it now? They wish me to come as well as pointer a form..howeverer right away we would similar to to see as well as import my options. Do not certitude them anymore.
Is there anything we can do during this indicate or am we compulsory to pointer a form?
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Hi Jennifer,
In California dealers must disclose the following information to potential car buyers.
1. prior rental vehicle
2. prior lemon law buyback
3. odometer rollback
4. accident damage over 500 dollars or considered material
These are just to name a few. Check out other prohibited practices and acts that the Consumer Legal Remedies Act covers in California.
http://media.normantaylor.com/news.php?include=138261
You may have a similar statute in Maryland. Check with an attorney.
If the potential buyer is aware of these issues prior to the sale, then they may decide not to purchase the vehicle. The buyer may also have room to negotiate a lower price knowing that these issues exist. No one wants to pay for something they are not getting.
Usually you must sign off a vehicle history disclosure document which acknowledges that you were informed of these prior to the completion of the sale. This could prevent you from filing a lawsuit in the future- and this is why the dealer wants you to sign these documents. At this time, the dealer has given you the car to drive- and only now is asking you to sign this document. THIRTY DAYS LATER! This should have been done at the time of the sale.
When this information is not disclosed to you prior to the purchase, then you may have an opportunity to rescind the deal under the pretenses that the manufacturer willfully and intentionally did not disclose this information and misrepresented the vehicle to you for something that it was not.
A few things to think about- will you be able to sell the car if this vehicle is known to be a lemon law buyback? You may have to disclose this information to prospective buyers and as such you may take a big cut in the sale price. Does the price that the vehicle was sold for actually reflect the fact that the vehicle was a lemon law buyback? I seriously doubt it.
It would be wise to contact an attorney. You only have a certain period of time to act otherwise you may barred forever, so if you decide to seek help from an attorney- do it quickly. Remember, the whole purpose of the buyback was that there was a substantial impairment in the use, value, or safety of the vehicle and it was never repaired. It may never be repaired- and you may be stuck dealing with a defective vehicle and the bill to fix it.
You should have been informed before signing the papers for purchase.
Every state and the District of Columbia has some form of "Lemon Law." This legislation applies to owners of new vehicles only. The Lemon Laws give a new-car owner the means to force a manufacturer to buy back a defective vehicle.
photo courtesy of Ford
Every state has a different Lemon Law. Most require vehicle owners to show that their vehicle is not repairable or unsafe before it can be considered for a Lemon-Law buyback.
In practice, the promise of a Lemon-Law buyback usually outweighs the results. Specific information about state laws can be obtained in the warranty booklet of your owner’s manual or online through the Council of Better Business Bureaus (http://www.bbb.org/).
Lemon Laws: Process
According to the legislation, manufacturers can be ordered to refund the purchase price of a new vehicle or replace a vehicle that is proven critically flawed. Such dramatic "buy-back" results are rare, however, and eligibility requirements vary. In most states, you must first exhaust all other possible remedies before beginning Lemon-Law buyback proceedings. That means making a specified number of tries — typically three — at the dealership, then passing through the Lemon-Law arbitration process without successful resolution.
Once an owner meets the criteria for a Lemon-Law buyback, they will have to retain a lawyer. To qualify for consideration, a car generally has to be inoperable for at least 30 days during its first 12 months or 12,000 miles. Details vary from state to state, so inquire at your state Attorney General’s office, a consumer protection agency, or the Center for Auto Safety.
photo courtesy of Ford
In the long run, it is usually better for the consumer to get the vehicle repaired than to go through the expense of a Lemon-Law buyback.
Lemon Laws: Conditions
As a rule, most of the following conditions must apply for a Lemon Law to be effective:
The vehicle must have a serious defect or abnormal condition.
The problem must substantially impair the usage or value of the vehicle, or produce a serious safety hazard.
While the vehicle is under warranty, the problem must be reported to the dealer or manufacturer.
A reasonable number of attempts must be made to fix the problem.
Written notice must be given to the manufacturer, who gets one last chance to remedy the complaint.
Even if you "win" a Lemon Law case, the automaker can often deduct value for the mileage you’ve put on the vehicle.
You are not required to sign the form. It should have been disclosed to you before you purchased the vehicle. They can get in alot of trouble. You can unwind the deal. I worl for an independent dealership in Texas and we had to unwind a deal because we did not disclose to the customer that the vehicle was involved in an accident. We weren’t aware of it at the time as well so we were willing to buy the car back and make it right. We did not want the customer to feel they were tricked into buying the car.
If I were you I would see assistance from an attorney. Your state may be different than Texas. But I am positive that you do not have to sign that form and you are not required to follow thru with the sale of the vehicle. Especially since you are dealing with a lemon law vehicle.