Lemon Law Blog

From “All That & More” on NBC10 in Philadelphia (7/14): Councilman Darrell Clarke has listened to his fair share of stories from constituents telling him about how they’ve been duped by used car dealers.

“One lady in particular, she came in, she clearly had her paperwork, the vehicle was clearly damaged, but it was sold to her and she had no recourse,” says Clarke.

Councilman Clarke wanted to change that. We found out that we locally could impact the law that would allow a person to have some recourse if they bought a used vehicle that had structural damage,” says Clarke.

And so Philadelphia’s first used car lemon law was born!

Under the new law Philadelphia used car buyers get the opportunity to have the car inspected by a mechanic within 72 hours of purchase.

If a major problem is found, the buyer can either return it for repair or get a full refund.

Craig Kimmel is a lemon law attorney.

He says the new law is very much needed because consumers make a lot of mistakes when buying used cars.

Like, buying without a manufacturer’s warranty.

Kimmel says, “Dealers specialize in re-conditioning vehicles to look as good as they possibly can when you see them. If you don’t know how a car works and you’re not able to inspect it as a mechanic, the chances are that you’re gambling if you buy a car without a warranty.”

In some cases, Kimmel says people make the mistake of buying a car without asking questions about the car’s accident history.

“Accident history is very important because how a car is put back together not only determines how it performs but also determines whether or not certain problems that may arise later are going to be covered by the warranty,” says Kimmel.

It is important to always run a vehicle history report, and if you don’t understand the report, ask questions!

Kimmel says that’s one of the mistakes people make, they don’t bring the car to an outside mechanic to look it over before they buy.

“They’ll test drive the car, check for fluids they’ll make sure the fluids are the right colors so they don’t show signs of contamination or further engine problems,” says Kimmel.

Kimmel continues, “They’ll give you an idea of what your expecting in the future with this car the same way a home inspector would tell you if the new house you’re buying needs a new roof.”

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While Pennsylvania has always had a lemon law for new cars, Philadelphia has now instituted a lemon law for used cars sold in the city. Mayor Nutter has signed Phladelphia’s first Used Car Lemon Law Bill, sponsored by Councilman Darrell L. Clarke.  The Used Car Lemon Law ensures that purchasers of used cars in Philadelphia have the opportunity to have the car inspected by a licensed mechanic with 72 hours of purchase.  If a major structural defect is found, the consumer has the right to have to return the car for repair or a full refund.

Here are the details:

**A purchaser of a used car may return their vehicle within 72 hours after purchase if it is unable to pass safety or emissions inspections or found by a certified inspection mechanic to have an undisclosed major structural defect (The mechanic MUST put his findings in writing.)

**Upon return of the car, the dealer has 10 days to either fix the car, entirely at their own expense, or refund the consumer’s money.

**Dealer must also provide a copy of any written warranty to the purchaser within 15 days of payment for the warranty, and shall perform all repairs covered under the warranty promptly. At the time of purchase, the delaer MUST disclose in lareg capital letters whether the warranty is provided by the dealer, the manufacturer or a third-party warranty.

**If you purchased a used car and feel the dealer is not upholding their responsibilities, contact the Philadelphia Office of Consumer Affairs at 215-686-7598. They will take complaints and determine their merit.  Repeat offenders face possible suspension or revocation of their Automotbile Sales License and/or Business Privilege License.

Kudos to Mayor Nutter, Councilman Clark and Lance Haver at the Consumer Affairs Office for making this happen.

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