Lemon Law Blog

There is no doubt that we are all looking for ways to save money and  that should extend to car buying.  You can save considerably when purchasing a used car versus a new car.  That being said, you need to prepare yourself to make sure that the dream car you purchased was not someone else’s nightmare.

First, when buying a used car, you MUST ask questions.  Do not be shy.  Did you know that a dealer does not have to disclose that a car has been in an accident unless they are asked?  They don’t have to disclose the car is a previous rental, repo or fleet car either.  You need to inquire about anything and everything.  You also need to run a vehicle history report to ensure the car does not have a salvage or lemon history.   We like Experian’s Autocheck, which offers unlimited monthly reports for $44.99.  And you should consider hiring an outside mechanic to inspect the vehicle prior to signing on the dotted line.  This is a simple $100 investment which could save you thousands down the road.

Make sure you inquire about the warranty.  Ideally,  you want to make sure you have a manufacturers warranty.  Dealer and third party warranties often cover very little and have a great deal of fine print.  Understand the terms of your warranty and its coverage. Furthermore, if you have a car under a manufacturers warranty, and you are back three or more times for the same problem, you could be entitled to monetary compensation under the Federal Magnuson Moss Warranty Act we are always talking about.

Lastly, we recommend that you print out a copy of our Lemon Dodger worksheet, which lays out all the information you need to know before taking the car off the lot.  We know it may seem excessive, but it will help you tremendously.

Remember, an educated consumer is an effective consumer and you certainly don’t want to be steered toward a lemon.

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Three calls came into the 1-800 LEMON LAW hotline this afternoon from folks who were looking to save some money by buying used cars. 

All three people later found out that their cars were in accidents prior to purchase.  In two situations, the accidents were not even listed on carfax.  Of the three, only one asked about the car’s accident history to which the salesman replied the car had ”no accidents that he knows of.”  That client is the only one of the three who has a potential claim for misrepresentation.

When it comes to accidents, unless the car has a salvage or R title,  the dealer does not have to disclose anything unless you specifically ask “was this car in an accident?” 

If you are planning to purchase a used car, you need to ask questions.  Check out our lemon dodger worksheet before you buy and bring it along on your spending adventure.  The right questions now can save you thousands “down the road.”

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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 Philadelphia’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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6ABC consumer reporter Nydia Han put together a fantastic piece last night on buying a used car.  With gas prices soaring, people are looking at saving money by buying pre-owned, but you need to do your homework to make sure your dream car wasn’t previously someone else’s nightmare.  In the story, Nydia mentioned several great resources on lemon law.com, including our Lemon Dodger worksheet, which provides a list of questions you need to ask prior to purchase. Check out the story by clicking here .

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At 1-800-LEMON LAW, we receive countless calls from folks who purchased a used car and ended up being taken for a ride. Sometimes the car has a salvage title, or it will not pass inspection, or it just falls apart. Many times, these distressed drivers have little or no protection under the State and Federal Laws we work with. Now, Mayor Nutter’s consumer advocate Lance Haver is working hard to change that in Philadelphia.

This past Monday, The Philadelphia City Council has approved a lemon law bill for used cars, and if that bill becomes law, drivers will have 72 hours to get their car checked out by a mechanic following the purchase. If the car is not drivable, the dealer will either have to fix the problem or allow the consumer to return the car for a full refund.

This is a bill whose time has come, according to Kimmel & Silverman Founding Attorney Craig Thor Kimmel. “In Philadelphia, used car sales occur with greater frequency than in less populated areas for the simple fact that insurance on a used car in the city is cheaper than insurance on a new car. Often people who buy used must rely entirely on what they are told from their salesperson, as there is little or no warranty remaining. In the case of new cars, repairs are covered under warranty for free but sadly, that is not often the case for used cars. Avoiding an unreliable car and its high repair bills is critical. This type of consumer protection would certainly be welcomed.”

As you know, the Pennsylvania Lemon Law currently does not apply to used cars. However, if you are under a manufacturer’s warranty and you have been back three or more times, you could be entitled to monetary damages under a Federal law known as the Magnuson Moss Warranty Act. Like the Lemon Law, representation under this Law is completely cost-free. For more information, call us at 1-800 LEMON LAW or visit www.lemonlaw.com.

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