Lemon Legal Questions

I'm not so sure it's a lemon law matter; instead, it may be simply dealer misrepresentation.  However, if the dealer can't fix the problem after given reasonable opportunity to do so the lemon law may kick in.  The MN attorney general's office has a number of publications available (most in downloadable form) in car problem cases. ... Read More

When a private seller lies to you about something that was important to you in deciding to buy their vehicle, lawyers call that Fraud. If no lie takes place though, then you may be stuck. Generally there is no liability by the seller in a private sale for anything except to answer questions honestly and sign over a good title to the vehicle. But if the seller knows something that they realize you would want to know, like the fact that the vehicle is not usable or is dangerous to use in its current condition, etc, then that may be fraud. Some folks think buying a used car from a private person, not a car dealer, always means you buy it "as is" but that is not necessarily true at all. The "as is" idea has to do with contract law and contract rights, the actual purchase itself. Fraud is different and is independent of contract law, but related. Unless the lie is obvious, you have the right to rely on what the seller tells you to be the truth. Each state has its own definition of what fraud is but in Kentucky it basically is a lie that costs (or can cost) you money. If you find out quickly, you may have the right to cancel the sale if the vehicle is still in substantially the same condition as it was when you got it. If not, or if you don't find out for a long time, then you still have the right to recover damages for being lied to. Your damages will typically be the cost to repair the car up to the condition you thought it was in when you bought it, or the difference in value of the car (between good car and bad car). If it was cheap, then you may be able to use your local small claims court. If not, then you need to see a Consumer Law or Car Sales Fraud attorney to get help. The good news is that for fraud, you usually will have the right to get your attorney fees paid by the person who lied to you too, on top of your damages or remedy in court.... Read More

There is a used car lemon law in 6 or 7 states, but not in Kentucky. But Ky does have a Udap law and under that law in most states it is a violation of that law to sell a consumer a vehicle that is dangerous and unsafe for normal highway operation and that may work for your problem. The problem is here that you had your own mechanic look at the vehicle first; that makes it your mechanic's problem since they didn't discover this problem at the inspection they did for you. If you paid them for it then they would owe for the repair bill. If you didn't pay them for the inspection, then they may not. If you don't get this worked out, then you may want to think about filing a claim in your local small claims court for the repair cost or you should call your local attorney bar association and ask for a referral to a consumer law attorney near you.... Read More

Unfortunately, the "lemon law" only applies to the purchase of new vehicles that have a certain number of documented repair days or other issues.  It does not cover used vehicles.  Most used vehicles are sold "as is" meaning that the purchaser has the affirmative duty to inspect the vehicle and negotiate any needed repairs before closing the sale. Sorry, ... Read More