lemon law help

[cdbond]

What is the name of your state (only U.S. law)? Tennessee

I purchased a 1999 Montero sport, but I cannot get tags for the vehicle because thevehicle is putting out a white smoke from the tail pipe it the inspection station will not inspect it. The used dealership I bought it from is saying that it is my problem. Is there a law or stature that will either help me get the vehicle fixed where it will pass inspection or help me get my money back so that I can get a vehicle that I will be able to get taged. I am in Memphis TN. Thank you for any help or advise you can offer me.

 

[swalsh411]

The mechanic that you had inspect this vehicle prior to purchase did not notice this?

TN Lemon law does not cover 11 year old vehicles.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Tennessee

I purchased a 1999 Montero sport, but I cannot get tags for the vehicle because thevehicle is putting out a white smoke from the tail pipe it the inspection station will not inspect it. The used dealership I bought it from is saying that it is my problem. Is there a law or stature that will either help me get the vehicle fixed where it will pass inspection or help me get my money back so that I can get a vehicle that I will be able to get taged. I am in Memphis TN. Thank you for any help or advise you can offer me.

Lemon Law does not apply here. Most used vehicles are sold on an AS-IS/no warranty basis, unless the Bill of Sale or purchase contract specifically indicates a warranty of some type. Unless they warranted (in writing) that the vehicle would pass inspection, and that if it didn't, they would repair the vehicle to ensure that it DID pass inspection, then they are not responsible for any repairs to the vehicle to make it pass inspection.

Any problems with the vehicle could have easily been discovered had you had your own mechanic do a thorough inspection of the vehicle before you signed on the dotted line. Since you did not do that, you alone are stuck with the cost of repairs to make the vehicle perform as YOU seemed to expect it would - and to get it to pass the State inspection so that you can register the vehicle and use it.

Enjoy your new truck!

 

[Kiawah]

White smoke out the tailpipe, would be indicative of a engine head gasket problem, leaking coolant into the combustion chambers, and passing it out the exhaust system.

This is a major problem, water in the engine can ruin it and the bearings, destroy the catalytic converter, cause it to overheat, etc.

You obviously saw it when test driving, and should have had it inspected BEFORE you purchased.

This will be an expensive fix, you should never have bought the car, unless you got it for a VERY low price, planning to spend major bucks to get it fixed. That obviously isn't the case here.

You don't indicate the mileage/condition of the vehicle, or location, so hard to know it's value. But rough tradein might be around 1K, clean tradein 2K.

Get it to an engine shop to get repair estimates. You need to decide whether to put additional money into it to fix up, or dump it at whatever price you can....and move on to another vehicle. This will be one of those lessons in life. I'm sure the used car lot was pleased to see you drive that over the curb.

 

[Mass_Shyster]

It appears that in TN, "Implied warranty of merchantability applies to sale of used cars. T.C.A. § 47-2-314. Patton v. McHone, 1991, 822 S.W.2d 608"

Since the car will not pass inspection, it is not fit for the purpose for which it was purchased.

Patton v McHone allowed the buyer to rescind the contract of the purchase of a used car.