What rights do I have against a car dealership that has not repaired my used vehicle as promised?

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What rights do I have against a car dealership that has not repaired my used vehicle as promised?

I bought a used van and 2 days later the check engine light came on, the dash board lights flickered, the locks wouldn’t work, and the rear wiper went on by it’s self. They have taken the van at least 4 times to supposedly fix it and it’s still not fixed. They promised me they would take care of it. They also told me they were going to replace the driver’s door because they think that’s where the problem is. They haven’t done any thing they said they would do. It’s been over 6 months.

Asked on October 14, 2010 under General Practice, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Iowa's Lemon Law does not cover used vehicles. But you may be able to get help from other laws. 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. 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. You say here that you have bought your car through a dealer.  Look in to this.

Also, each state has what are called Unfair and Deceptive Acts and Practices (UDAP) laws. If the dealer has, say, made verbal promises or didn't tell you about issues relating to your used car, you may have a cause of action. Also try asking an attorney about your state's Uniform Commercial Code which may provide you some relief. Finally, the Truth in Lending Act and the Federal Odometer Act might also be helpful.  Good luck.


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