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Question: Does the lemon law protect you if you sign an as is agreement?
(Posted by: Peoples Champ on 2010-02-01 16:44:53)
My sister in law lives in south carolina and she just purchased a car as is for 1400 dollars after driving the car for 10 minutes the car starts to cut out, so she pulled into a shop and finds out the car has no oil in it and and array of other problems with it. She went back to the seller and demanded her money back and they refused. She did not sign any buyers agreement because she told the seller that the her dad would put his name on the car title. Does the lemon law protect her or is she S.O.L. |
Answers:
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Posted by: Rod Knocker on 2010-02-01, 16:48:44
Lemon Law is for new cars purchases from an authorized manufacturer dealer only. It does not cover used cars. That is why you always have a mechanic look at the vehicle prior to buying it. Try Small Claims Court |
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Posted by: NONYA on 2010-02-01, 16:49:22
As is in some cases include the details of how the car was represented. If the dealer sold her a car without oil in it, I am GUESSING that he is responcible for that one. LIES. some states include lemon law coverage to certain used vehicles. I dont think lemon laws come into play. If he sold her the car and stated it was roadworthy, and ready to drive, and had no oil, if she can prove that she has a legit claim on that alone. |
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Posted by: Yah on 2010-02-01, 16:49:28
If they knowlingly sold her the car w/ o telling her the issues she can sue and take it to court... problem with court is it is time consuming... Also something for her is depending on her age... if she is under 18 a judge will rule her unable to enter into a verbal or written agreement so she could get out of it that way as well... get a lawyer or just sue... you probably have a case... |
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Posted by: lar on 2010-02-01, 16:53:01
I do a lot of buying and selling cars and it doesn't appear your sister in law has much of a case. She trusted this guy too much. She did not sign any buyers agreement and she told the seller that her dad would put his name on the car title. Can she go to her dad and have intervene? I would also threaten to take this gentleman that sold her this car to small claims court. But if she does this she has to start documenting things and taking pictures so the judge can help her. Also, you need to do stuff like take an add out in the news paper and see if this guy has any other dis-satisfied customers. I included the web site for the lemon law just in case you want to read it. God Bless carlemon.com/ |
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Posted by: Scott H on 2010-02-01, 17:22:52
No. Do you have any idea what "as is " means? There's no lemon law or warranty covering a $1400 vehicle. The rule here is "buyer beware ". It is not the sellers responsibility to provide a problem free car. It is the buyer's responsibility to inspect the vehicle to determine its condition and then decide whether or not it is something they want to buy.. The law is almost completely on the side of the seller here. |
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Posted by: xx_satanic_mechanic_xx on 2010-02-01, 18:03:21
Does South Carolina have a lemon law? If so, when did it become effective? Yes, South Carolina has a lemon law which became effective October 3, 1989. When is a car considered a lemon under the law? The law defines a lemon as a new motor vehicle (passenger car, van or truck) that: was bought on or after October 3, 1989; has a defect that impairs its use or will lower its market value substantially; and which the manufacturer cannot repair within a reasonable time. What is covered in the law? Defects which do not substantially impair the vehicle's use, market value or safety are not covered. Also not covered are defects caused by the consumer's abuse, neglect or unauthorized alteration of the car, or defects that do not show within the first 12,000 miles or 12 months, whichever occurs first. ******Does the lemon law cover anything other than new motor vehicles? ****** No. It only covers passenger motor vehicles (cars, vans, small trucks). |
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