LEMON LAW QUESTION! what can I do?
Tags:backseats, bad shape, buying a new car, lemon car, pride and joy,
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So you "traded" the automobile upon Craigslist final week… It was my husbands honour as well as happiness he LOVED it. We have 2 young kids as well as the automobile he had didn’t have any backseats so you finished him put it upon craigslist. We found the male who had an additional automobile which had backseats as well as he "test drove" it around the parking mislaid of the mans work. No Problems. We did the traffic as well as upon the approach home the automobile proposed messing up. The automobile has so many work which needs to be finished with it which it would price MORE to repair the automobile than shopping the brand new car… So you have been SOL. So you get upon craigslist tonight as well as see which the male who you "traded" cars with is right away SELLING my husbands automobile which you only traded. (Also asking approach some-more than the automobile is worth). We have been perplexing to call him for DAYS given the automobile is in so many bad figure which you figured which there was the little kinda of Lemon Law which would countenance us removing the automobile back.. however the male would not answer the phone. My father is exhilarated which right away which the male is offered the aged automobile upon Craigslist reduction than the week after as well as you wish the automobile behind given his automobile was defective. you devise upon starting to the counsel though do you have the lawsuit? Or am you only wasting my time.
The male answered the phone once when you called the day after the automobile messed up as well as fundamentally told us contemptible he "didn’t know" there was an emanate though you were fundamentally SOL.. Is there any way you can forestall the male from offered the automobile whilst you have been operative with the counsel to get the automobile back? The automobile is in such bad figure (the the single you perceived in the trade) which you haven’t even had the "change of title" nonetheless given of the condition the automobile is in.
Im only so stressed. We traded the automobile so my father could assistance take my kids to dr appointments (my son is ill as well as spends many of his time in hospitals as well as dr appointments) as well as you only feel similar to you was robbed. you goal there is something you can do to get my husbands automobile behind due to the actuality which the male sole us the lemon car.
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Sorry, no Lemon Law is going to cover you unless the vehicle is under the original manufacturer’s warranty. And a car isn’t deemed a "Lemon" just because it has issues. Vehicles that are recorded as "Lemons" usually have to have the same issue attempted to be fixed a number of times ( 3 to 4) without success. And, once again, this does not apply to older cars.
If the Lemon Laws were blanket statutes covering any and all issues with a car, then the courts would be filled every day with claims.
When you make a transaction such as this, you agree that the swap is "as-is". Any private party vehicle sale is as-is unless noted in writing. This is true even on trades. You can take him to small claims, but you would have to prove that he knew of any issues beforehand, which is nearly impossible. Your case will probably last about 5 minutes, in all honesty. The judge will ask you if you have anything in writing from the defendant stating that his car had any kind of guarantee, you’ll say no, and you’ll be sent on your way. And if you get an attorney in the mix, all you’re doing is paying for any attorney’s time. You’ll still go through small claims, the attorney will write up several threats to the other guy, but in the end you’ll still lose. It all comes back to "as-is".
ALWAYS have a used vehicle inspected by a licensed mechanic. It might cost $50-100, but it saves situations like this from occurring. Now, you’re stuck with the car. The other guy can tell you to go "take a hike".
bad lemon, contact the dmv and report the issue, talk to a lawyer, usually what will happen is if you bought the car and still paying is, 1. get your money back 2. keep the car as in and paid in full. trade? not sure how that will work out.
You traded cars, he can keep, sell, junk your old car for any price he wants to. You agreed to buy his car. as a used car there is no lemon law.. you have nothing to sue for. You have another car, you will not get your old car back… sorry to inform you but you lose.
"So we are SOL"
Couldn’t have said it better myself. You are indeed SOL cause all used cars are sold AS-IS by law, unless you receive a written guarantee or warranty.
If your kids mattered that much you would have had the car inspected by a mechanic.
Lemon Law only applies to new cars.
He can sell HIS car at whatever price he wishes. It’s called CAPITALISM. If you don’t like it, move to CUBA.
You are SOL.
You were not robbed. You did a deal and its a "done deal".
Next time, maybe you will check out the car you trade for. Maybe not.
No law of any type can save you from your own stupidity.