Legal Question in Consumer Law in California

I bought a car 2/5/13 04 crystler 300M since i bought the car the dealer and i have been back in forth over noises and small problems with the car, about 3 weeks ago my car caught on fire while i was driving on the freeway. the car is now totaled out by my insurance company. I spent a little over $3000 on the down payment and 4 car payments. I am not getting any money back from the insurance because i just started the loan and to pay it off is all i will be getting back. No where on my contract does it say i bought this car AS IS but because its a used car does the lemon law apply? Is there anything I can do to get my money back from this shady dealer?

Asked on 8/02/13, 7:22 am

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Lemon laws only apply to new cars. The first think you need to do is take a close look the the sales contract. You say the car wasn't sold "as is", but you didn't indicate there was any warranty either. Used car dealers tend of offer those types of things at an additional price. If there was a warranty or some other contract clause concerning the condition of the clause, you might have a claim.

You haven't said was caused the fire or why you think the dealer is shady. It could have been a known defect or just normal wear and tear on the vehicle. Just because something bad happened doesn't automatically mean it is someone's "fault" or that compensation is justified under the law.

You also should take a close look at your insurance policy to see if you are truly getting the full benefit of your coverage. You might be able to get some additional money from them.

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Answered on 8/02/13, 12:01 pm

John Laurie Gertz and Laurie

Have a local attorney look at the paperwork to see if he/she can find something in the contract that will help you.

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Answered on 8/03/13, 10:22 pm

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