New York Lemon Law applying to private sale cars…?

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This might have been asked an answered, yet you couldn’t find it. A week ago yesterday my fiance paid for me a 93 Jeep Grand Cherokee Laredo. you looked during it discerning as well as only told him which it looked similar to an fine sufficient automobile to me, he looked during it 3 times prior to to handing over a income to a prior to owner, yet he assumingly longed for a little pass things. He had me take it to a automechanic currently to have an oil shift as well as to have a front projection studs looked during since a couple of of a projection nuts were blank as well as he longed for to have certain a studs were fine prior to to brand brand brand new projection nuts were put upon it… anyway… according to a automechanic a cat has been taken off, which is indispensable to pass investigation subsequent year, a front breaks have been during reduction than 25%, it needs brand brand brand new back drum breaks, a tires have been dry as well as enormous upon a inside, as well as a ostensible to be all time 4 circle drive, yet there is no 4×4 expostulate shaft. The man you paid for it from told my fiance which a breaks were new, as well as so were a tires, which a A/C works, which it doesn’t, not unequivocally a large understanding though, as well as which a 4 circle works, which it patently doesn’t. you attempted to discuss it my fiance a initial time you got during a back of a circle which it didn’t, yet he told me which it had to since a man told him which it did… as well as yes, my fiance is a single of those overly guileless people. The automechanic told me you should have my fiance lapse it. you told him which you didn’t consider you could since it was a in isolation sale. He told me which it doesn’t matter, which a lemon law relates to a in isolation sale automobile which price some-more than 00, as well as which he’s had to quarrel it for business prior to to in justice as well as won. We outlayed 00. I’ve looked tall as well as low upon a internet, yet all you find tells me something different. Does any a single know of a proviso in a Lemon Law which allows for in isolation celebration sales, or of a good website where you can find genuine info? Even a DMV website confused me. Thanks in allege for a help.
Thanks… you didn’t consider it practical to used, in isolation celebration cars. And yes, a check of sale does contend as is. you know you should have had him have a automechanic demeanour during it prior, yet similar to you said, he’s overly trusting… you upon a alternative palm am not.
Peter Griffin… you determine 100% with your Chrysler comment. you told him which it was an "okay looking" car, yet you had told him in a past no some-more Chrysler. He had a 95 Neon which a mechanism went in 3 times in 2 years as well as a 97 Intrepid which there was oil in a single day, as well as nothing a next, with no spots upon a drive. you unequivocally longed for an additional Ford. you had a 91 Ranger which had 250,000 miles upon it when you sole it, as well as a 93 Taurus which had 299,503 miles upon it when you took it off a highway due to a bottom rotting out, engine is still good (another poor automobile similar to your Honda, you paid 0 for it).

Thanks again to everyone. you suspicion you was right, a good to know you am. :)
ElGrande… you do not know because everybody got thumbs down, as distant as I’m concerned, they’re all right. It was a automechanic which a Lemon Law relates to cars which price over 00, yet you’re right, there would be approach as well most filings if it did. Like you pronounced somewhere up there you longed for to take it to a automechanic prior to to hand, you regularly wish to take my cars to mechanics prior to to hand, yet he doens’t similar to to, for whatever reason. Maybe he’ll sense his lesson. This is a second time it happened to him. He paid for a 00 Sportage in Jan which got a opening trickle in it a day after he brought it home, as well as a 2 front callipers fundamentally fell detached a week later.
I didn’t indispensably wish to lapse it, it’ll still be fun to go mudding with til a investigation exprires subsequent year, you only longed for to know if a Lemon Law essentially practical to in isolation celebration sales, means you had never listened of it. Like everybody has said, you suspicion in isolation celebration sales were "as is".

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Comments (7)

Sorry that the above answers all got the "thumbs-down", because they are all correct. If someone comes on here and says you can return the car or use the Lemon Law to force the issue, they’re wrong. If anyone can prove me wrong, please do so. I’ll then leave this site.

Lemon Laws do not apply toward vehicles of this age. Ever. And there is no way to make them apply. No magic wave of the wand. Private party sales are always "as-is" unless noted in writing. I have no idea who told you (your fiance or the mechanic) that the Lemon Laws apply toward a vehicle over $1000. That simply isn’t true. Could you imagine the number of Lemon Law cases we’d have on the daily dockets if this were the case?

Lemon Laws apply to new vehicles and some used vehicles (in some states, and they MUST still be under the original manufacturer’s warranty). These laws only come into effect if the vehicle goes through the same issue a number of times without resolution.

You can take the seller to small claims court, but there is a 99.5% chance you’d lose. You have to prove that the seller misrepresented the vehicle to you, which is very difficult to do. Any statement made by the seller ("this car should last you a long time", or "it runs great, it’ll run great for you!") is called "puffery" and doesn’t stand up in court. The law states that the burden of finding out whether or not a vehicle is fit for purchase lies with the buyer.

You had the chance to check it over beforehand, and you didn’t. Not trying to be overly negative, I just always shake my head when someone tries to blame others for their misfortune. You should always have a licensed mechanic check over a used vehicle beforehand. You know that now. From now on, you’ll know to have the car checked over thoroughly.

Please let me know who the person is that gave you this "if it’s over $1000, you can file a Lemon Law claim" advice. I’d love to meet them.

Lemon laws only apply to new cars not used. Unless there was a specific warranty or something in writing as to the condition of the car that turned out to be false theres nothing u can do especially about a 16 year old car. Used cars are sold "as is "

Lemon Law only applies to brand new cars. Your mechanic is ignorant of the law, which is why he’s a mechanic and not a lawyer.

Some states have laws that cover used cars that come with a WARRANTY, but your car doesn’t qualify for that either since it did not.

Fact is, all used cars are sold AS-IS. This is why having a mechanic look at it BEFORE handing over the cash is prudent.

But if you can prove that the catalytic converter was REMOVED prior to you buying it, then you might win in small claims court. I’d say your chances are 50/50. But all the other problems, your fault for not having it inspected prior to pruchase.

I’d just move on though…. all 17 year old cars will have problems sooner than later, especially a crap like Chrysler. Althought I purchased a 16 year old Honda with 200k miles for $900 and it was the best used car I had ever bought. So next time buy a Honda.

Does not apply. The lemon law is for new car purchases only that have warranty. Now you know why you should always have the car inspected before you buy it. If the seller will not agree to an inspection, do not buy it!
Your only remedy is small claims court. Sue the previous owner for fraud. If he stated the tires and brakes are new, and they are not, you will win. He will either have to return your money or pay to fix the vehicle.
Did the bill of sale state SOLD AS IS? If not, he is also responsible for the cat converter. In CA, the seller is responsible for the vehicle’s emissions.

Lemon Laws do not apply to used cars, period.

Even if there is a question about warranty/liability, noone in their right mind would put a warranty on a 17 year old car and only charge $1400 for the entire purchase.

Your fiance is feeding you a line of bull so you don’t get mad at him.
No chance of winning this one and you won’t find anything because it simply does not exist.

Lemon Laws apply to repair of new cars… they have nothing to do with buying used cars…

Legally you are stuck with the car, you can go talk to the previous owner, but considering your story, won’t get far….
or you can take him to court…..

Two lessons learned here

#1 your fiance knows very little about cars, shouldn’t be trusted to make car decisions…

#2 Always take potential used cars to your trusted mechanic, before you buy,…had you done so, you would not have bought this car….

Private party car sales are usually excluded from lemon law coverage, and no 16 year old vehicle is going to eligible for lemon law coverage.

Lemon laws protect the buyers of NEW cars from serious, recurring defects during the first 1-2 years of ownership. There is a big difference between an actual "lemon" and a 16 year old used Jeep.

When you buy a used vehicle in a private transaction, it is an "as is" sale and the buyer assumes all the risk.

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