Am I covered under the UDAP law for a used car?
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Am I covered under the UDAP law for a used car?
In short, my friend bought a van yesterday from a used car lot. When asked if they have their own mechanic to check the cars, they said that they send them off to one, and that every car is checked and made sure it’s fine before it’s put on the lot. Well the same day it had a misfire. Paid her own mechanic $260 and it’s still messed up. The car lot is saying that they don’t have to do anything to help pay or fix it. Is this covered by the UDAP law in WA?
Asked on March 2, 2011 under General Practice, Washington
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Here is the deal with used cars. Every state is different on what is covered under lemon laws; most states do not cover used vehicles. New cars under lemon laws must be put through specific processes before the car is legally considered a lemon. Unless your friend purchased the used van with a warranty from the car lot, your friend should have brought it to the mechanic your friend uses to give the van a look and make sure nothing looks out of whack. As to the Unfair and Deceptive practices act, you need to have your friend file a consumer complaint with the agency who regulates the dealership. The dealership has a responsibility to make sure the car runs; and if the dealership is acting this way, it appears the dealership fraudulently sold the van knowing it was not going to run. There is the concept of an "as is" purchase but the fact this happened immediately tells me your friend may have a case. File with the Attorney General in Washington State and with the Department of Financial Institutions.
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