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  #1  
Old 08-01-2007, 10:10 AM
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AZ Lemon law question?


What is the name of your state? ARIZONA

On the 17th of July (barely 2 weeks ago) I purchased a car for my sister. She is going through having to file bankrupcy and knew she wouldnt get it in her name. I am very close with my sister and had no issues with getting a car for her (in my name) which I did.

I went to a small used car dealership near my home and got a 2002 Hyuandi Accent. I financed this vehicle and had my sister added onto my insurance and the car. That very night I drove it to her work and dropped it off to her, when she got off work she was driving it home and the check engine light came on, and said it was not shifting right (automatic transmission). The next morning I called the dealership and told them about it and asked me to bring it down to them. I dropped the car off and they had it for a little over 2 hours and said it was fixed I could come and get it. My sister drove it to work that afternoon and the next morning she said the engine light was on again doing the same thing.

I work graveyards so when I got off work that morning i picked up the car and drove it to a transmission place that will scan the car for free to tell you why the engine light is on. The transmission place gave me the code and told me that he couldnt be certain but possible it meant that the computer part that controls the transmission was no good .

I called the dealership when they opened and told them what was going on and told them I had it scanned and gave them the code. I dropped it off to them again for them to fix it. Later that evening when we went to pick up the car the guy that sold me the car tried to tell me that the type of "delayed shifting" she was feeling was normal and that its just that type of car I thought yeah right...

But in the same breath he said they did replace a couple more parts and wanted my sister to drive it for a couple of days and bring it back to them so they could run it through emissions and make sure this code didnt come back. When she took it down there my sister told them that it was still not shifting right but the engine light had stayed off. He took it to emissions and said it passed. Two days ago my sister had to AGAIN for the third time take it back to them because she said it was barely running, and when you accelerate it just revs the engine and it acts like it wont shift then does after a few steps of the gas petal. Yesterday I called them to find out what was going on with this vehicle and I spoke to the owner who said that they had to take it to a transmission place themselves and that the car needed silinoids (not sure if thats right of the spelling) and that they had to special order them (the dealer didnt even carry them) and it would be another couple of days before they came in.

He told me I could come and get the car and could drive it no problem. I went and picked it up last night and I didnt get a mile from the dealership and the engine light came on and it was obvious that this transmission has some serious issues. It was barely shifting and was scaring the crap out of me driving it (not to mention it was pouring rain out. I was so afraid it was not going to make it back to my house. I dropped it off at my house to pick up truck because I couldnt even drive it any longer.

My question to you is obvious .... can I legally take this car back to them and tell them I want another car? It has been less than two weeks and have had this in there 3 times and have to take it back still for major trany work. I dont want this kind of headache. I purchased this car as is no warranty which is typical of any used car but I know Arizona has the "lemon law" I just would like to know what I can do to get another car from them.
any help will be appreciated .

Thank youWhat is the name of your state?
  #2  
Old 08-01-2007, 11:52 AM
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Quote:
I purchased this car as is no warranty which is typical of any used car but I know Arizona has the "lemon law"
Arizona's lemon law applies to new vehicles or used vehicles that are still covered by the manufacturers warranty. Legally you have no recourse. Next time have the car inspected by an independant mechanic before, not after the purchase.
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  #3  
Old 08-04-2007, 12:16 PM
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And you need to be a little more careful. Straw Purchases are illegal (Bank Fraud).

The finance company based their decision for the loan on the assumption that you would be in possession of the vehicle. You are technically not in possession of the collateral.

At best, trade it in, take the loss, and get another car for yourself.

At worst, the lender discovers the straw purchase, calls the loan due, and demands the FULL BALANCE in lieu of prosecution.
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