Part one
Northeast COMBAT receives many complaints about the purchase of used vehicles. Most consumers think the Lemon Law covers used vehicles, but unfortunately, it does not.
Most of the used cars sold by dealers come with a written warranty. However, the rest are sold “as is,” without a written warranty. Obviously this means that if you have problems with the car after you purchase it, you must pay for any repairs out of your own pocket.
When you buy a car “as is” under Maine law, the dealer must give you a written disclosure statement that the car has no warranty. If you ask for a warranty and the dealer is willing to give you one, make sure you get it in writing. Oral promises cannot be relied on.
To be technically correct, however, all cars sold for road use carry an implied warranty. The 1976 Used Car Act states that any vehicle sold without “not for road use” or “sold for junk” on the bill of sale is an “as is” sale. All dealers must warranty that the car you buy “as is” be inspectable. If a dealer sells you a car “as is,” then he or she is responsible for any work that must be done to make the car inspectable. Inspection covers brakes, rust damage, lights, seat belts, running gear, wheels, tires, horns, glazing, windshield wipers, rearview mirrors, reflectors, exhaust system and body components, including the frame. In 1985 the Legislature added to the list of inspection items by including for 1983 and subsequent models catalytic converters and fuel filler neck restriction.
A warranty is a guarantee. The only time a guarantee does not apply is if the dealer is selling the car for purposes other than transportation. Then you will have on it a large “UNSAFE MOTOR VEHICLE” sticker. This sticker will clearly list what parts of the car cannot pass inspection. You should then be required to tow this car off the dealer’s lot. The dealer must also have you sign a copy of this disclosure statement and must then give you a copy of the signed document.
If you purchase a used car from a private party, you are probably buying the car “as is.” If you do not receive a written contract with special repair provisions, the seller has no further obligations. Depending on the age of the car, it may be covered by a manufacturer’s warranty on the service contract. Ask the seller for any information he or she might have on the subject.
If the car you buy comes with a written warranty, examine it carefully before you buy, to see what specifically is covered and what is not. If the dealer makes any promises above and beyond the written warranty, ask the dealer to add those promises to the written warranty.
There are several types of warranties.
A FULL warranty means the dealer will pay all repair costs of the covered systems during the warranty period. A LIMITED warranty makes the dealer responsible for a part of the total repair bill. Ask the dealer for a copy of the written warranty and an explanation of the warranty coverage, exclusions, and repair obligations. Ask if the warranty covers both parts and labor. Does it cover only a percentage of the repair work, or all of it? An IMPLIED warranty may give you some rights to have a dealer take care of serious problems that were not apparent when you purchased the car.
Next week we will continue on the subject of used car rights.
Consumer Forum is a collaborative effort of the Bangor Daily News and Northeast COMBAT. Send your questions to Consumer Forum, Bangor Daily News, P.O. Box 1329, Bangor 04402-1329. COMBAT is a nonprofit organization with annual dues of $10. For membership information write to the above address.
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