A beautiful lemon

[ariswife]

What is the name of your state (only U.S. law)? Md
We purchased a beautiful, fully loaded 2006 Nissan Armada 3 days ago. My husband tried to start it to go to work and surprisingly it is not working! The contract has a " no cooling off of cancellation policy" What are our options?

 

[ShyCat]

What are our options?

Get a new battery, replace the starter motor, whatever it takes to get your new car up and running again.

 

[JETX]

What are our options?

Unless the contract includes a warranty or a 'rescission clause' (allowing you to cancel within specific parameters), your 'options' are:
1) Fix the car and use it, or
2) Sell the car.

 

[Mass_Shyster]

Unless the contract includes a warranty or a 'rescission clause' (allowing you to cancel within specific parameters), your 'options' are:
1) Fix the car and use it, or
2) Sell the car.

From some random website:

Maryland’s Lemon Law does not apply to used cars. Maryland law does require the seller of a used car to present the buyer with a Maryland Safety Inspection Certificate, which is valid for 90 days. However, a used car can be sold “as is” if it is more than six years old and has more than 60,000 miles. All other used cards sold by a dealer come with an implied warranty that the car will function for a reasonable period of time.

It appears this may be covered by an implied warranty.

Option #2. Turn off the headlights when you turn off the car. That way the battery will have enough juice to start the car the next time you want to use it.

 

[JETX]

It appears this may be covered by an implied warranty.

And, of course, that is crap.

1) We have NO information as to what may be wrong (if anything) with the vehicle.
2) We have NO information on the mileage of the vehicle at the time of purchase.
3) The 'Maryland lemon laws' do NO apply to this vehicle.

From the Maryland Lemon Law Pamphlet 'A Guide to Consumer Rights and Remedies When a New Car Turns Out to be Defective':
The Lemon Law applies to the sale of all new cars, small trucks, and multipurpose vehicles in Maryland. It does not apply to motor homes.

The benefits of the Lemon Law are available not only if the vehicle that was purchased from a dealer was new, but also if it was transferred to another person during the vehicle's warranty period. That warranty period is 15 months after the car was originally delivered by the dealer or 15,000 miles, whichever comes first.

Under the law, a car is considered a lemon if, during the 15-month/15,000 mile warranty period, a defect or condition that substantially impairs the use and market value of the car cannot be repaired after a reasonable number of attempts. A "reasonable number of attempts" means once, in the case of the braking or steering system, and four times in the case of other defects.

Alternatively, the "reasonable number of attempts" requirement is satisfied if the car is out of service for repair of defects for a total of 30 or more days during the warranty period.

A car is not considered a lemon, however, if the defect is the result of abuse, neglect, or unauthorized modifications of the car.
http://www.sailor.lib.md.us/md/docs/lemon_law.txt

More:
What is a Lemon Car Under Maryland Lemon Law?

 

[Country Living]

I suspect it has the original battery in it.

 

[Mass_Shyster]

And, of course, that is crap.

1) We have NO information as to what may be wrong (if anything) with the vehicle.

The vehicle will not start three days after it was purchased.

2) We have NO information on the mileage of the vehicle at the time of purchase.

The implied warranty exclusion applies to a vehicle That is over 6 model years old and that has been driven more than 60,000 miles. It doesn't say or 60,000 miles. To be excluded the vehicle must pass both tests, not just one. A 2006 model year is not over 6 model years old, so cannot fall under the exclusion.

(4)(a) The provisions of this section do not apply to a motor vehicle:

(i) Required to be titled under the Transportation Article;

(ii) That is over 6 model years old and that has been driven more than 60,000 miles; and

3) The 'Maryland lemon laws' do NO apply to this vehicle.

If you read my earlier quote, you will see that I already said that. I am discussing the implied warranty statute, not lemon law.

The question remaining is if the vehicle was purchased from a dealer. I made that assumption based on the reference to a contract. Private party sales normally do not include contracts with references to "no cooling off of cancellation policy".

ETA: My post also stated that this may fall under an implied warranty. I did not state that this does fall under an implied warranty.

 

[JETX]

I suspect it has the original battery in it.

]
Might be the case... but for all we know, it could simply be out of gas.

 

[JETX]

ETA: My post also stated that this may fall under an implied warranty. I did not state that this does fall under an implied warranty.

And with that 'weasel-out' you could just have effectively said that the car MAY have been hit by a meteor.
Just as likely.

The simple FACT is... we have NO idea why the car "is not working!".... or even WHAT that means!!
Yet, you SOMEHOW have decided that the car:
1) "will not start three days after it was purchased."
2) has less than 60,000 miles (likely, but not KNOWN)
3) may or may not have been 'as is' (likely... but another NOT known)

Simple suggestion... STOP MAKING POSTS BASED ON YOUR IMAGINATION.... and rely on FACTS.

 

[Mass_Shyster]

And with that 'weasel-out' you could just have effectively said that the car MAY have been hit by a meteor.
Just as likely.

If you really want to play that game.....

Based on the information provided, and looking at the actual statute, not some unreliable web resource, It's pretty clear that this vehicle is covered by the implied warranty.

 

[Mass_Shyster]

And with that 'weasel-out' you could just have effectively said that the car MAY have been hit by a meteor.
Just as likely.

The simple FACT is... we have NO idea why the car "is not working!".... or even WHAT that means!!
Yet, you SOMEHOW have decided that the car:
1) "will not start three days after it was purchased."

Maybe I got that idea from the original post

My husband tried to start it to go to work and surprisingly it is not working

2) has less than 60,000 miles (likely, but not KNOWN)

I don't care if the car has 600,000 miles. It is not over six model years old, so is not excluded from the implied warranty. The exclusion uses the conjunction and. To be excluded is must be over six model years old and have over 60,000 miles.

3) may or may not have been 'as is' (likely... but another NOT known)

It CANNOT, by statute, be sold as-is in Maryland by a dealer.

Simple suggestion... STOP MAKING POSTS BASED ON YOUR IMAGINATION.... and rely on FACTS.

I am relying on the facts as posted.

 

[Country Living]

Might be the case... but for all we know, it could simply be out of gas.

I like my answer better since I suspect her saying "it was not working" means the engine wouldn't turn over.

My answers, in order of probability:

1. Battery is shot (the original would be four years old)
2. Starter is shot (I don't like this one as much since the car is only a few years old)
3. Out of gas (just for you, J)

I hope she posts back.... and it wasn't just a loose wire.

I just thought of something. Surely not... flood car. The mechanic who checked it out before they bought it would have caught that. Which begs the question - did a mechanic check it out before they bought it?