Lemon Laws can be confusing if you don’t know what to look for – and when it comes to private sales it can become even more confusing to know what your rights are. The important distinction between Lemon Law vs Consumer Protection is that you are entitled to safety either way, but the qualifications can differ.
Lemon Law is applicable when buying or leasing a vehicle new or used that’s experiencing defects while still under a manufacturer’s or dealer’s warranty. These defects pose a risk to your safety, and Consumer Protection works the same way.
In private sales between individuals, a dealer’s warranty may not exist, but a manufacturer’s warranty could. When purchasing or leasing a vehicle privately, it’s important to check and document past maintenance and repairs completed on the vehicle for a few reasons:
- You should be aware of previous repairs and modifications not just for your own safety, but on the chance you purchase or lease the vehicle inside of the manufacturer’s warranty. If the vehicle has been purchased inside the parameters of the manufacturer’s warranty, repairs and other defects may be covered. Keep in mind that any after-market modifications including accessories and repairs performed by non-authorized dealers can make your claim ineligible.
- An important thing to remember is that written and express (oral) warranties can be treated as obligatory and utilized in the request for repairs. When we say it’s important to document everything, we say that because your safety could be at risk if you don’t. Make sure any warranties are transferred to you from the previous owner, and verify their contact information in the case that you need to contact them later.
Safety is never something that you should be questioning – whether you purchased or leased your vehicle from a private seller or an authorized dealer, you’re entitled to safety. Our experienced and capable lawyers know the in’s and out’s of Lemon Laws as well as Consumer Protection Laws, and are here to represent you in the event of a lawsuit.