Many Maine consumers do not realize that Maine has no lemon law on used vehicles. Northeast COMBAT would like to give you some tips if you are in the market for purchasing a car vehicle.
Be selective on where you go to purchase a vehicle. Go to a dealer that has a good reputation. (COMBAT does reputability checks. Write to Consumer Forum and we will get back to you.)
Ask friends where they purchased their used vehicles and find out if they are satisfied.
Take a mechanic with you to look at a used vehicle when you are seriously interested in one and planning to make a purchase. Have the mechanic check it out. Another option is to ask the dealer if you can take the vehicle to a garage so that it can be put on a life to check it out. If a dealer won’t allow one of the options, then consider going elsewhere.
You have a right to a warranty of inspectability. A warranty is a guarantee. Used car dealers must always guarantee that a used car sold for transportation can pass inspection. (A “used” car means a car that either has been once registered or is not covered by a manufacturer’s new car warranty. Therefore, a “demonstration” model is technically a new car and carries the added beneifts afforded to new car.) Dealers must give you this guarantee in writing. This law applies even if you are sold the car “as it.” If your car violates this warranty, the dealer must repair it free of chage, so it can pass state inspection. It is not enough that an inspection sticker is on the car. Your car must really meet the state standards.
That means that the inspection sticker must be put on your vehicle within 60 days of the date of purchase. Further, the following parts of your car (but not the engine) must be able to pass inspection:
body components (including bumpers, fenders, chassis frame); brakes; glazing (including windshield, side and rear windows); exhaust system; horn; lights and directional signals; rear-view mirrors; running gear (e.g., suspension system); safety belts in 1966 and subsequent models); steering mechanism; tires; windshield wipers; catalytic converts on 1983 and subsequent models; and filler neck restriction on 1983 and subsequent models.
The only time this state inspection guarantee does not apply is if the dealer is selling the car for purposes other than transportation. Then it must have on it a latge “unsafe motor vehicle” yellow sticker. This sticker will clearly list what parts of your car cannot pass inspection. You will be required to tow this car off the dealer’s lot. The dealer also must have you sign a copy of this disclosure sticker and must then give you a copy of this document.
You have a right to a written disclosure statement on the history of your vehicle and any warranties offered as a 30-day warranty on a 50/50 warranty. You have a right to adequate and timely repairs. These rights are known as the “Used Car Information Act.”
When purchasing a car from a private individual, please note that there is no protection at all if your vehcile falls apart 10 minutes later. There is nothing covering this under Maine’s used vehicle laws.
If the dealer has complied with the Used Car Information Act and has not offered an express warranty, either verbal or written, and has properly disclaimed any implied warranties, then the car need only pass inspection.
If a vehicle passes inspection and that is the only warranty offered by the dealer, and it should break down within a day or two of purchase, you can immediately reject the vehicle. If it is a minor defect, the dealer probably would have the right to repair the problem. If the dealer cannot repair it in a week or two, then one can still reject the vehicle.
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 membership organization with basic dues of $10 a year. For membership information write to the above address. Please enclose a large, stamped, self-addressed envelope.
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