Help, please. I lent me niece $700 for a downpayment for a used car (off a small lot) which cost about $2500 and cosigned on a loan for the balance due. She also signed an "As-Is/No Warranty". Trouble is the car had trouble from day one: blown hose and a brake problem. Guy took it back, fixed the probs, returned her the car. Then the battery went. She replaced that. Around month 4 the valves went and the car is finished. Tried to contact the guy and an employee claims he is in the hospital w/ cancer. In the meantime niece went out bought another car and stopped making payments on this one since she can't afford both payments but needs a car.
Now I just got a letter is the mail saying they're going to repossess the car. And the balance of the loan is due.
What recourse if any do we have in getting the seller to take the car back and make the loan balance zero? Are there any "Lemon" Laws (and is there a statute of limitations)? Small claims court? Need advice please
2007-01-12 12:21:59 · 5 answers · asked by Freedspirit 5 in Politics & Government ➔ Law & Ethics
Just Google Lemon Laws. There are plenty, sometimes vary from state to state. Do it now, there's even a Lemon Laws FAQ. Good luck.
2007-01-12 12:30:37 · answer #1 · answered by Mickey 6 · 0⤊ 0⤋
It depends on what state you are in. Some states do and some don't. Alabama does not. As for the statute of limitations, it is usually 6 months. A very few states extend it as far as 2 years. I suggest you look up the statute, then see an attorney.
2007-01-12 12:30:24 · answer #2 · answered by cyanne2ak 7 · 0⤊ 0⤋
In states that have lemon laws, these apply to new cars. If you buy a second hand car, you would have to sue if you felt it wasn't fit for the purpose, but it would be an uphill struggle to prove that they did anything wrong. A car purchased at 2,500 is likely to be near the end of it's life, and have numerous mechanical and other problems. I suspect you got what you paid for.
2007-01-12 14:29:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
and normally applies to new vehicles..
as is is --- as is...................
speak to an attorney...which is always best when dealing with
problems bwt people that can't get resolved.
I would not want to pay for junk.
2007-01-12 12:36:27 · answer #4 · answered by cork 7 · 0⤊ 1⤋
http://www.oag.state.ny.us/consumer/cars/usedqa.html
http://www.lemonlawamerica.com/
2007-01-12 12:32:17 · answer #5 · answered by ♥cinnamonmj♥ 4 · 0⤊ 0⤋