Are the any used car laws regrading an extended warranty and an as is sale?
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Are the any used car laws regrading an extended warranty and an as is sale?
My sister and I purchased a used vehicle from a major dealership in the city we reside in; it has been the first vehicle we have purchased. The vehicle was sold with an extended warranty but we have recently found out (since we’ve run into problems) that it is still considered “as is” by the dealership. We had trouble with the vehicle within the first month of having it (less than 3 weeks) and we had to pull teeth and ruffle feathers to have something done about it. The dealership supposedly “repaired” the vehicle but we continue to have the same problem that we had prior to it being “repaired”.
Asked on September 5, 2011 under General Practice, Alabama
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An extended warranty is a contract that covers the vehicle under the terms as indicated there in. If you have an extended warranty it would seem to contradict the assertion by the dealership that the car was purchased as is with out any recourse for you. The dealership sold it to you with the flaws that it has - as is - but you purchased an extended warranty for certain issues relating to the car so the "as is" problems that are covered by the warranty are not your problem but their problem. I would contact your state attorney general's office on this matter and discuss with them the issues here. File a complaint and let them do their job. As for the laws that cover used cars, Alabama's Lemon Law does not cover used vehicles. But other laws - like the Federal Trade Commission (FTC) has what's called the Used Car Rule that requires dealers to provide consumers with a Buyer's Guide with warranty and other types of information may apply. If the dealer has in any way failed to abide by the FTC Used Car Rule, you may have the basis for a legal claim. Next you have your state Unfair and Deceptive Acts and Practices (UDAP) laws. Good luck to you.
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