September 21, 2024
Business

Maine Lemon Law silent on used cars

“Forum” receives many inquiries from consumers who purchased used cars believing that Maine’s Lemon Law covers used vehicles. It does not. If you are shopping for a pre-owned car, know your rights before you hit the lot.

Most used cars sold by reputable dealers come with a written warranty but in some cases are sold “as is,” without a warranty. “As is” means if you have problems after purchase, you must pay repairs out of your pocket.

When you buy a car “as is,” Maine law states that the dealer must give you a written disclosure statement that the car has no warranty. If the dealer offers a warranty, get it in writing. Oral promises are mostly useless.

Technically, all cars sold for road use carry an “implied” warranty. The 1976 Used Car Act states that any vehicle sold without the words “not for road use” or “sold for junk” on the bill of sale is an “as is” sale. All dealers must warranty that a car sold “as is” must pass state auto inspection. If a dealer sells you a car “as is,” he or she is responsible for any work that must be done to make the car able to pass inspection.

Inspection covers brakes, some 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 catalytic converters and fuel filler neck restriction (1983 or later models) to the inspection list.

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. In such cases the vehicle must carry a large “UNSAFE MOTOR VEHICLE” sticker that clearly lists what parts cannot pass inspection. If you purchase a vehicle to be used for things other than transportation, you will be required to tow the car off the dealer’s lot. The dealer must have you sign a copy of the disclosure statement and must give you a copy of the signed document.

If you purchase a used car from a private party, you probably are buying the car “as is.” If you do not receive a written contract with special repair provisions, the seller has no further obligation. Depending on the age of the car, it may be covered by a manufacturer’s warranty or service contract. Ask the seller for any information he or she might have on warranties or service contracts that are still in force.

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 him or her to add those promises to the written warranty.

There are several types of warranties. A full warranty means the dealer will pay all the 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 the warranty cover only a partial 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, more on your rights as a used car buyer.


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