Legal Question in Civil Litigation in Georgia

I bought SUV from Don Jackson used cars in Union City GA on February 23, 1012, after two weeks it ran hot and the check engine light came on, I went to have the code read at auto zone and it said misfire, about two weeks later it ran hot again same code, so I took it to the shop and the mechanic said it had a blown head gasket. So I waited for two weeks and got a second options, they said the same thing blown head gasket, I called the dealer and he said he would get back with me, to this day they still haven�t got back with me. I don�t have the title to get the SUV register yet either. does the lemon law apply to used cars?


Asked on 5/03/12, 4:24 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No.

When you bought your car, the government made the dealer put a giant warning sign in the window.

Assuming it read "As is" that was a warning to you that means "DO NOIT BUY THIS CAR UNLESS YOU HAVE YOUR MECHANIC CHECK IT OUT AS IT MAY BE A COMPLETE LEMON."

So unless you purchased a warranty, and I gather you did not, you chose to buy a car where the dealer told you, in writing "It may not work." That means you pay all the repairs. The dealer doesn't have to do anything and will not likely do anything.

You've learned an expensive lesson. When you are warned that a car is or may be a lemon, and you were warned TWICE (once by the sticker and once by the paperwork you read when you signed the contract), you took the risk willingly and lost.

In the future, NEVER buy a used car unless you have your mechanic check it out and/or get a solid written warranty.

Having said all of the above, some dealers might have helped you. Instead of carrying it when it died to auto zone and two other mechanics, some dealers, solely to preserve a customer, might have looked it over for you and done a small repair out of courtesy. Why did you not attempt that?

There is one small piece of leverage you do have. The dealer was required by state law to get the title transfered within 30 days. Since they seem to have failed, you should make a complaint to the Better Business Bureau about that delay. Ask the BBB if, as part of the solution, for your inconvenience if they would ask the dealer to do the one repair for you. They may or may not, but ask.

One other possible piece of leverage - while the dealer can sell you a lemon as-is, the car must have had valid emissions when sold. If it didn't, you have grounds to sue. The fact it would fail now is irrelevant. Did it have a valid emissions certificate as of the date of purchase?

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Answered on 5/03/12, 5:13 pm


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