Used Car Protection Laws - Free lemon law legal representation in Pennsylvania, Maryland and Texas - Davis Consumer Law Firm

Used Car Protection Laws

Used Car Consumer Protection in Other States

For consumers who don't live in a state with used car lemon law protection written in its law (such as Pennsylvania, Maryland, and Texas), there are federal laws or other state statutes that may help.

Magnuson-Moss Warranty Act

Also known as the Federal Lemon Law or Breach of Warranty, this act that was designed to ensure that manufacturers of consumer products who offer a written warranty on that product comply and honor the terms of the warranty. If the defect occurred during the term of the warranty, the used vehicle is covered under the Magnuson-Moss Warranty Act. The federal law prohibits the disclaimer of an implied warranty (a dealer selling a car "as is") when a car is sold with an express written warranty and may provide for a refund and the awarding of attorney's fees.

Federal Trade Commission's Used Car Rule

The Federal Trade Commission (FTC) requires dealers who sell five or more cars per year to post a Buyers Guide (see example) in every used car they offer for sale. The guide has to show whether the vehicle is being sold "as is" or with a used-car warranty, what percentage, if any, of repair costs is covered by the dealer under the warranty, and a list of the major defects that can occur on used vehicles.

Uniform Commercial Code (UCC)

The UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of consumer products. The UCC does not specifically define a "lemon" and so the outcome of your case may vary depending upon the court decision, as well as your protection under the Magnuson-Moss Warranty Act.

A used car sale automatically includes an implied warranty under the Uniform Commercial Code, meaning the dealer is selling a car presumed to be fit for transportation. However, as used car dealers usually do, they may deny (or "disclaim," in legal terms) the implied warranty by selling the vehicle "as is." In the few states that prohibit dealers from disclaiming the implied warranty (ie. Maryland, Massachusetts, and Washington, D.C.), the UCC can be more effective than a used car lemon law would be.

Truth in Mileage Act

The federal act seeks to combat dealer fraud, when dealers roll back the odometers on used cars.

Unfair and Deceptive Acts and Practices

Every state has an Unfair and Deceptive Acts and Practices (UDAP) law. Often, these laws can be used even if the used car is sold "as is," as long as the dealer is found guilty of intentionally deceiving the consumer by misrepresenting the vehicle or a failing to disclose information about the vehicle.