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Your Rights When Buying A Used Car
by Fraser Wheelock
http://www.fwcar.com
In 1975, the federal government enacted the Magnuson-Moss
Warranty Act. Widely known as the 'Lemon Law', it provided
protections and assurances to consumers for purchases that
cost over $25, and came with express or implied warranties.
In the time since, every one of the fifty states has added
its own set of lemon laws to their state books. In many
cases, the sale of used cars is specifically regulated.
While each state has its own unique set of guidelines and
rules, there are some laws that apply across the board.
Those guidelines include rules about warranties and
disclosures that the dealer must make, as well as those
that he is not required to offer. Before you sign on the
dotted line to buy a car, you should:
Once Magnuson-Moss was on the books, many states followed
suit with so-called lemon laws of their own to make the
prospect of purchasing a used car safer for consumers. The
Lemon Laws lay out exactly what kind of information must
be made available to consumers considering any purchase,
including the warranties and guarantees that they will
receive. The specifics vary from state to state, so it is
in your best interest to look up the lemon laws in your
state before signing any agreement to purchase a used car.
To protect yourself, make a point of knowing the particular
laws that apply in your state. For instance, many states do
not allow 'as is' used car sales. In states that due, a
dealer may still be bound by an 'implied' warranty, though
the things covered under that warranty may vary from state
to state. In essence, the law assumes that a product, in
this case, a used car, will serve the purpose for which it
was bought.
2. Check the dealer's return policy.
Contrary to popular opinion, there is no 'cooling-off
period' required by law in used car sales. Even so, many
used car dealers do have a return policy that allows you
to return a used car purchased from them within a few days
if you change your mind. Check with the dealer on his
return policy rather than assuming.
3. Read the Buyers' Guide for the car you are buying.
Used car dealers ARE required by law to post a Buyer's
Guide in each vehicle that they offer for sale. The Buyer's
guide must make certain disclosures and make some specific
statements. Among those statements and disclosures are:
You have a right to know the specific coverages that your
warranty gives you, and to have that warranty in writing.
A verbal warranty is virtually unenforceable, since there
is no way to prove objectively what was actually agreed
upon. If your dealer makes promises to repair problems
beyond the written warranty noted in the Buyer's Guide for
your car, make sure that the Buyer's Guide is modified to
reflect those promises.
You have a right to have the Buyer's Guide to used cars
on display at a dealership available to you. By law, a car
dealer must place the Buyer's Guide for each vehicle in the
vehicle. It must include:
- whether the car is being sold 'as is'
- what parts of the car are under warranty
- what, if any, percentage of repair costs the dealer pays
- a reminder that spoken promises are not enforceable
- the major mechanical and electrical systems on the car
- problems that you should look out for
- a reminder to ask to have the car inspected by an
independent inspector
By knowing your rights and taking steps to protect them
when buying a used car, you can avoid buying 'someone
else's headache' and end up with a gem instead of a lemon.
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