Buying a used car in New York

February 26, 2010 · Posted in Buying A Used Car, Lemon Law Advice, New York Lemon Laws · Comment 

Buying a used car has never been a simple decision, as unlike the decision of buying a brand new car, the factors that determine the purchase are different. While a customer buying a new car would be looking at factors like price, after sales service, brand value etc, a used car buyer would need to primarily identify the condition of the car, the history of the car and then come the factors of price and brand value. The person buying the car would not be aware of the car met with a horrendous accident in the past, if it was affected in a devastating hurricane, or if the past owner was a bad driver with horrible driving habits.

New York used car sales research has shown, that one out of every 3 cars sold would either be a lemon or have a negative history that can badly affect the person buying the car. While sometimes these issues might be simple ones to ignore, they can affect your driving capability in the longer run very badly and hence a thorough research is recommended with the help of New York used car sales research studies.

In New York, used car sales have grown tremendously in recent times. The major reason for the same is economic recession, which is badly affected the automobile industry all over the world. And while the new car sales have dipped across the country, the sale of used cars has greatly increased. At the same time, the country has been affected by catastrophes like wildfires and hurricanes, which have destroyed several cars and other automobiles in the country. Each of these catastrophes has caused several car owners terrible loss, as some of the damage can never be repaired and many such cars are available as in condition used cars for sale.

The problem when buying used cars is that most states do not have strong laws to protect the customers who end up buying such a lemon. Though it is mandatory to inform the buyer well in advance about the condition of the car with any known defects or abnormalities, many sellers are silent about the same which can affect the buyer if not well informed. Making thorough research on New York used car sales is mandatory to make your buying decision a fruitful one.

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Understanding the Used Car Lemon Laws Alabama

Used Car Lemon Laws Alabama

Used vehicles are not covered under the Alabama Lemon Laws. The vehicles can be sold under “as is” conditions. But you need not worry. You can now take recourse in different kinds of laws which are meant to help you in case you have purchased a used car lemon. First and foremost, you have the Federal Trade Commission or FTC has a used car rule which requires every dealer to provide their customers with a Buyer’s Guide which comprises information regarding warranty and other important information pertaining to the vehicle. In the event you find that the dealer has failed in abiding by the FTC used car rule, you can opt for making a legal claim.

Next, every state has the Unfair and Deceptive Acts and Practices or UDAP laws. This law can be used in the event of a dealer not communicating to you about those issues that pertain to your used car under the previous owner. Further, you have Alabama’s very own Uniform Commercial Code that helps the customers in getting relief. Likewise, you have the Truth in Lending Act along with the Federal Odometer Act which helps the customer in understanding the used car lemon laws Alabama.

Irrespective of whether your state has a used car lemon law or not, there are various other used car lemon laws Alabama which help in protecting a consumer’s interests. Let us try and understand a few of them.

The Magnuson Moss Warranty Act is a federal law which clearly states that every manufacturer has to abide by the terms laid down in the warranty. In Alabama, these warranties could be either written or implied warranties.

According to Alabama Law, under implied warranty, a dealer has certain obligations such as maintaining the overall health of the vehicle. In some instances, the dealers get around these implied warranties and sell the vehicle under ‘as is’ conditions.

Next, is the Warrant of Merchantability, under which the onus is on the buyer to prove that the vehicle was defective at the time of purchase of the vehicle. This is an implied warranty which says that the vehicle has to run like it is supposed to.

Lastly, you have the Truth in Mileage Act or TIMA which is a federal law that helps fight odometer frauds likes rolling back of odometers on used cars. According to a government estimate, approximately about 3.5% of your vehicles have their odometers rolled back. This law can help provided you have been sold a vehicle with false odometer statements

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Maryland Lemon Laws

February 16, 2010 · Posted in Lemon Laws, Maryland Lemon Laws, State Lemon Laws · Comment 

Know Your Maryland Lemon Laws

The Maryland Automotive Warranty Enforcement Act was enacted as a law by the Maryland General Assembly in the year 1984. This was also commonly referred to as the Maryland lemon law. This law was introduced to provide customers with more rights in order to enforce manufacturer’s warranties on new cars.

One important thing to be noted is that every single car that is sold through a dealer includes the manufacturer’s warranty. In the event a dealer or the manufacturer refuses to honor the commitment made on the warranty or in the event where your new car faces frequent repairs regarding the same problem, you can opt for a legal solution using the Maryland Lemon laws which have been created to protect the interests of the consumers.

The Maryland lemon laws are not applicable to used cars. However, Maryland laws ask the seller to present a Maryland Safety Inspection Certificate to the buyer that is valid for ninety days. You can sell the used car in an ‘as is’ condition provided it has put in at least 60000 miles or is beyond six years old. These used cars come with an implied warranty that the vehicle is functioning in a reasonable manner for a reasonable length of time.

However, there are other laws that ensure the protection of the used car buyer. Given below are some of the laws. Let us try and understand them.

1. According to the federal Magnuson Moss Warranty Act, a manufacturer must abide by the different kinds of warranty that includes written or implied warranties, express warranties or any service contracts.

2. Next, as per the Federal Trade Commission’s used car rule, every dealer has to provide the customers with a Buyer’s guide with each and every vehicle they sell. This Buyers Guide is considered to be a part of the overall sales contract.

3. Further, you have state laws which deal with implied warranties on the part of the dealer with regards to used cars or vehicles. However, in some states, dealers get around the law by selling the vehicles in ‘as is’ condition.

4. You also have express warranties that are clearly specified and include the verbal representations made by sales persons along with advertisements.

5. The Maryland lemon laws allow you to use the new car lemon laws provided your car or vehicle is of a recent model and meets the necessary time and mileage requirements.

6.  Likewise, you have the Uniform Commercial Code which can be used when a dealer does not honor the warrant of merchantability.

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Georgia Lemon Laws

February 5, 2010 · Posted in Georgia Lemon Laws, Lemon Laws, State Lemon Laws · Comment 

Georgia Lemon Laws

If you have one of those vehicles that can be termed as a ‘Lemon’, meaning that multiple repair attempts have still not worked and there are some serious faults in the vehicle you drive, you probably are eligible for benefit under Georgia Lemon Law.

Like all states, Georgia has its own legalese when it comes to lemon laws, and there are some features added into the state laws that are unique only to Georgia. For instance, if there is a flaw in the braking or the steering system of the car, after just one repair attempt the customer can file for penalty under Georgia Lemon Laws. For all other problems, there need to be three repair attempts or 30 calendar days out of service for the law to be applicable.

GA Lemon Laws is also known as the Motor Vehicle Warranty Rights Act, and is quite comprehensive in the different statutes under which a customer is protected if his vehicle is faulty – for no fault of his. This warranty also applies to used vehicles which have been purchased from an earlier owner, and there is continuation of warranty to the new owner. Georgia Lemon Laws are in effect up to a period of 1 year or 12000 miles – whichever occurs first, and during that period, the customer is fully absolved of any liability arising from faulty manufacture, repair, or service of the vehicle he has purchased.

One more thing unique to Georgia Lemon Laws is statute 10-1-783, which states that the dealer will provide the car owner with a manual published by the manufacturer, which includes a list of phone numbers to contact the authorized customer service professionals – at no cost to the customer. These people should be authorized to take decisions regarding the repair and servicing of the vehicle. So if you are a customer, you should have received a book with a list of numbers as stated above. Another good thing about Georgia Lemon Laws is that they are also applicable to people leasing cars instead of buying them. So if your office has a new leased car and if there are some defects, there will be benefits paid under the GA Lemon laws.

But since this is the law, there are quite a few complications in the way it is handled, and if you are a customer looking to file under the lemon laws of the state, you should get expert help – free consultations are available from the best attorneys online, and that should point you in the right direction.

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