Do I have any consumer or lemon law rights if I purchased an “as is” car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have any consumer or lemon law rights if I purchased an “as is” car?
I bought a car from a Buy Here/Pay Here lot. I did sign an “as is” form, but 2 weeks into driving the car I started having problems. The car lot owner told me he would work with me to get it fixed. Now the car is in even worse condition with motor problems and the car lot won’t return my calls. Am I stuck with car? I’ve already paid over $1000 in 2 months’ time.
Asked on July 12, 2011 under General Practice, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is something known as the "Lemon Law". In general terms, it permits consumers to seek a replacement or a reimbursement of purchase price for major consumer products (such as cars) which are defective and which cannot be repaired within a reasonable number of repair attempts. For such a claim however there has to be a warranty. So when a consumer buys a car "as-is", they are expressly disclaiming any warranty. That having been said, the consumer may yet have a fraud claim, because fraud claims are not invalidated by an "as-is" purchase provision. Further, if the dealer or manufacturer does not comply with the law of clearly and conspicuously disclosing the "as-is" terms, then the consumer may have a lemon claim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.