Please Scroll Down to See Forums Below I know this is off-topic but I have a legal question on lemon laws. I bought a car this past weekend and brought it by a mechanic today. It has a leak in the rear main seal that will be very expensive to fix. I thought that in NC, you had three days to back out of a sales contract but the vice-pres. of the dealership told me that only applies to buying from private owners, not dealerships. Can anyone tell me what the law is here? Do I have 3 days or is it mine once I sign on the dotted line?
Lemon laws in NC?
- Thread starter Spidey
- Start date
"dealership told me that only applies to buying from private owners" - I don't know about NC, but in NY this is untrue. Actually I believe it to be the exact opposite.
As a general rule of thumb, if an employee of a car dealership is moving their lips they're probably lying.
As a general rule of thumb, if an employee of a car dealership is moving their lips they're probably lying.
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This is bringing back some concepts I haven't looked at in some time. If I recall correctly, that three day "cooling-off" period generally applied to door-to-door sales. In any event, your state may have a "Little FTC Act." In New York it is codified in the General Obligations Law and General Business Law.
You might try calling the county or state consumer affairs bureau. They may be able to point you in the right direction and may even be able to provide some literature with the applicable consumer law.
Good luck.
RW
You might try calling the county or state consumer affairs bureau. They may be able to point you in the right direction and may even be able to provide some literature with the applicable consumer law.
Good luck.
RW
Just a thought...Being that you purchased the car from a dealership, did you receive any type of warranty? Was the "leak" disclosed to you prior to purchase? If not, was it the kind of thing that could be discovered upon reasonable inspection?
Lemon law is for new cars only. Did you pay cash or did you finance. By the time the compaint goes to consumers affair your driveway will look like an oil slick. You must have bought the car
as is. Try and ask the dealer for some help on the cost or get his cost from one of his outside shops. Rear main seals are mainly labor, the seal is cheap. I have never paid over $400.00. If you financed it was it your financing souce or his? Tell him that it is embarrassing to leak oil all over peoples driveways.If you wrote a check stop payment and neogoitate. Keep your composure.
Small claims court would be better then a consumers affair complaint. He doesnt want to spend a day in court over 400.00.
If he got it financed for you tell the finance company how unhappy you are and let them ask for help for you.
as is. Try and ask the dealer for some help on the cost or get his cost from one of his outside shops. Rear main seals are mainly labor, the seal is cheap. I have never paid over $400.00. If you financed it was it your financing souce or his? Tell him that it is embarrassing to leak oil all over peoples driveways.If you wrote a check stop payment and neogoitate. Keep your composure.
Small claims court would be better then a consumers affair complaint. He doesnt want to spend a day in court over 400.00.
If he got it financed for you tell the finance company how unhappy you are and let them ask for help for you.
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OK, here it is: Apparently, there is no 3 day recention (sp?) law for used automobiles in NC. I called a few lawyers locally and they all said the same thing. The lemon law applies only to new cars where the dealer is refusing to honor a warrenty. With used cars, let the buyer beware. Once you sign that paperwork, the car is yours, period.
Fortunately for me, the dealer I bought the car from is a very large one in this area and is very interested in avoiding bad publicity. He agreed to put a 12 month, 12000 mile warrenty on the car which will cover the rear main seal problem. It appears my problem is solved. Of course, there is a $100 deductable but he didn't have to give me the warrenty in the first place, so I can't complain much.
Fortunately for me, the dealer I bought the car from is a very large one in this area and is very interested in avoiding bad publicity. He agreed to put a 12 month, 12000 mile warrenty on the car which will cover the rear main seal problem. It appears my problem is solved. Of course, there is a $100 deductable but he didn't have to give me the warrenty in the first place, so I can't complain much.
powerforward
Well-known member
i live in nc and used to work for a car dealer, there is a three day return law for used cars sales.
The lawyer told me that it depends on the dealer. Some will actually tell you that you have a "3 day cooling off period" in which case they have to honor that as it is an implied warrenty. However, if they do not expressly tell you that or worse, have a sticker on the car saying "As is, No Warrenty", then there is no mandated 3 day return law.powerforward said:
This is a lawyer who has spent decades practicing law here and specializing in lemon laws so I have to think she knows what she is talking about. I also looked this up on findlaw.com and it was stated there very clearly that there is no 3 day recention (sp?) law for used automobiles.
All of this is a mute point anyway now since the dealer agreed to put a 12 month warrenty on the car that will cover the rear main seal. I like the car; I was just not happy at the prospect of having to spend $500 - $700 fixing an oil leak on my new car. I thought it was a bit dishonest of the dealer to sell me the car when I damn well know he knew about the leak. Their mechanics had to thoroughly go over that car befor putting it out on the lot as it is against the law to put out a car that will not pass state inspection so I know they knew about the leak.
As it turned out, the tint on the windows failed inspection anyway (too dark) so they are already in deep shit if I wanted to be nasty. They could potentially lose their liscense to inspect cars for that infraction and that would effectively shut them down as a car dealership since they have to inspect everything they sell. I think that may be the reason the dealer is being so accomodating in my case.
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