Does my ar fall under lemon law?

Question

I PURCHASED A USED 2006 NISSAN SENTRA "AS IS " FROM A DEALERSHIP BUT WITH MANUFACTURE WARRANTY. IT CURRENTLY HAS SEVERAL PROBLEMS INCLUDING MOTOR MOUNT BROKEN, RADIATOR SET UP WRONG AND ETC. I TOOK IT TO A NISSAN DEALERSHIP AND THEY TOLD ME THAT THE CAR HAD BEEN IN AN ACCIDENT AND THAT THERE WAS ALTER PARTS SO THE WARRANTY DID NOT COVER IT. AT THE TIME OF PURCHASE THE DEALERSHIP DID NOT DISCLOSE TO ME THAT THE CAR HAD BEEN IN AN ACCIDENT. THE ONLY THING IS THAT I GOT "AS IS" BUT STILL WITH MANUFACTURE WARRANTY? IS THERE ANYTHING I CAN DO?

Answer 1

Nope.  

The dealer who sold the car is not obligated to disclose any history of the vehicle. That is up to the buyer.  

Looks like you'll have several repair bills to pay for to get this Nissan working properly.

All of this could have been avoided with a $100.00 inspection and a $12.00 Carfax report.

Answer 2

Unfortunately when you buy a car "As Is" or "With All Faults", the Lemon Law would not apply BUT you got a warranty so the Lemon Law could apply after all!  You may also have a fraud case on your hands which may come under the Consumers Legal Remedies Act if upon purchase it was misrepresented.

Answer 3

No. It's used. No Lemon Law applies here.

I would, however, be right back down to the dealer you bought it from and see if anything can be done. A broken motor mount "could" possibly be seen as a safety issue, especially if another accident occurred. It's worth a shot. Be calm and nice, but firm. Ask to speak to the general manager.

Answer 4

If you purchased a used car there are two situations in which you may be qualified for cash or other lemon law benefits:

Situation #1: You may be entitled to compensation for breach of warranty if you had one of the following Warranties:

    * Any warranty left from the manufacturer when you purchased your vehicle (for example, almost all vehicles sold with fewer than 36,000 miles will have this. But if the warranty is longer, you may have even more time).

    * Your vehicle was "Certified" by the Manufacturer (in which case it came with a short Manufacturer's Warranty, typically 1 year).

    * You purchased an Extended Warranty backed by the Manufacturer (typically 5 years or longer).

Normally, these types of cases fall outside the scope of the state lemon law but are covered under special federal lemon laws.

Situation #2: When No Manufacturer's Warranty Exists If you do not have a manufacturer's warranty of any kind you may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws. The following is a list of some of the problems and/or issues which may be present in your vehicle. Your vehicle may be/have a:

    * Laundered Lemon (or prior history of mechanical problems known to the seller);

    * Previously salvaged or wrecked;

    * Fraudulently rolled back odometer;

    * Rental car, police car, taxi, etc.;

    * Stolen, stripped and rebuilt; and/or

    * Involved in a flood.

Lemon Laws vary from state to state, so accurate information on the scope and restrictions of Lemon Laws in a particular state should be obtained from an attorney practicing in that state.

"As is" purchases

If you knowingly purchase a car in "as is" condition you DO NOT void your rights under applicable lemon laws.