We bought a used car from a private seller, and we've had it about 8 days. Today, the car just completely stopped working on the way home. Does the Lemon Law still apply here?
Georgia has a lemon law but not one for used cars (only about 8 states do) and no used car lemon law anywhere covers you when you buy a used car from a private person. Buying a car in a private sale can be risky (online or off) because the law is very different from a car dealer purchase. When a person sells a motor vehicle to another person, and the seller is not in the business of selling vehicles, then in most states the only obligation on the seller is to answer the buyer’s questions honestly and not hide anything that they know the buyer would want to know before deciding to buy it. If the seller lies to the buyer or hides something from them, that can be fraud in most states. A half-true statement can also be an act of fraud in most states when the intent is to mislead the buyer. To learn more about Fraud, read this free online Legal Guide “What is Fraud?” here: http://www.attorneyqna.com/legal-guides/ugc/what-is-fraud-1. The seller also has to tell the truth about the mileage on the car too by filling out correctly and honestly an odometer statement for the buyer. And in those states that require mandatory emissions tests in order to get a vehicle licensed to drive on the road, many of those states say that if the emission/pollution equipment was disabled or removed then the buyer may have the right to cancel the sale. If none of that applies to your deal, then you may be stuck. If not much money is involved, you may be able to file a claim in your local small claims court. Otherwise, you may need to talk to an attorney. In fact, to find out for sure what your rights are and how to use the court process, you really do need to talk to a local Consumer Law or Fraud law attorney. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-locate_local.shtml) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, www.NACA.net). Most Consumer Law attorneys also know Fraud laws. You can also call your local attorney bar association and ask for a referral or look on .com under the Find a Lawyer tab. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. And don’t bother talking with an attorney who handles just other areas of law because, frankly, Fraud Law and particularly “car sales fraud law” is a special area with its own laws, regulations, rules, and strategies and tactics. If this answer was helpful, please give it a “Vote Up” below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.USLemonLawyers.com
Go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers
http://www.USLemonLawyers.com
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Probably not, but, you will want to have it looked at to see if this is a problem seller knew about and failed to disclose OR if seller purposely rigged the problem to show up later. A good atty in GA if you need one is Mike Flinn.
T. Michael FlinnLemon Law AttorneyCarrollton, GAGA licensed ·
I agree with Rob Burdge. There is no used car lemon law in Georgia. I hear from hundreds of folks each month with similar facts. The car didn't even make it home. The Georgia Courts don't offer a lot of protection for consumers in the typical "as is" sale. The only exceptions that I see are 1) should the car fail to pass emissions, and 2) should the seller be able to prove that the seller lied to them about the car prior to purchase or "rigged" it to run temporarily.