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Used Car Lemon Law

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lherrick

Junior Member
What is the name of your state?Indiana

I purchased a vehicle from a dealership less than 30 days ago. I started having problems about 2 weeks ago, have had it checked by a mechanic and was told it is the transmission. I was also told by the mechanic that there was no possible way I could have done the damage to the transmission in the short amount of time that I've had the vehicle. Mechanic also said someone (either previous owner or dealership) had added something to the transmission fluid so the car would appear ok. The 'fix' has apparently worn off.

I have done a vehicle search and found that this vehicle had been used previously as a rental car. I know that some states are supposed to disclose this information even if the purchaser does not ask. Is Indiana one of those states? I questioned the dealership about what I believed to be high mileage on the car and was told that the previous owner probably traded it in because they wanted to upgrade to a different model. I was never told it had been used as a rental car.

I do not have an extended warranty on the vehicle, but do have the balance of a manufacturer's warranty. Do I have any legal recourse?
 


lherrick said:
What is the name of your state?Indiana

I purchased a vehicle from a dealership less than 30 days ago. I started having problems about 2 weeks ago, have had it checked by a mechanic and was told it is the transmission. I was also told by the mechanic that there was no possible way I could have done the damage to the transmission in the short amount of time that I've had the vehicle. Mechanic also said someone (either previous owner or dealership) had added something to the transmission fluid so the car would appear ok. The 'fix' has apparently worn off.

I have done a vehicle search and found that this vehicle had been used previously as a rental car. I know that some states are supposed to disclose this information even if the purchaser does not ask. Is Indiana one of those states? I questioned the dealership about what I believed to be high mileage on the car and was told that the previous owner probably traded it in because they wanted to upgrade to a different model. I was never told it had been used as a rental car.

I do not have an extended warranty on the vehicle, but do have the balance of a manufacturer's warranty. Do I have any legal recourse?
To begin with, lemon laws do not apply (generally) to used vehicles, or to new vehicles whose problems can be traced to poor maintenence, damage due to accidents, or, say, improper operation.

I've never tried this before, but you might try contacting the rental agency that used your car. The name of the agency will be on your copy of the title from the previous owners. Any reputable agency (Hertz, Avis etc) will have detailed maintenence records, including odometer readings.

High mileage is a virtual given with rental cars; like a leased 747, if they're not on the road or in the sky, they're not making money.

While not directly applicable (Illinois instead of Indiana), google "FindLaw" under "State Resorces; Illinois; Primary Materials; Illinois court opinions". The case is Otha Miller v William Chevrolet (no. 1-00-4255), and contains many of the major elements that you describe in your situation.

Note: part of William Chev's argument was that the buyer could've deduced that the car he was buying was a rental "simply" (my quotes) by looking at the name of the previous owner (for example, ABC Car Rental) when he signed the title along with the sellers.
 
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lherrick

Junior Member
"Note: part of William Chev's argument was that the buyer could've deduced that the car he was buying was a rental "simply" (my quotes) by looking at the name of the previous owner (for example, ABC Car Rental) when he signed the title along with the sellers."


In Indiana, you do not receive the title at the time of the sales transaction, you receive it in the mail at a later date. As of this date, I still have not received the title in the mail. I only discovered the car was used as a rental by doing my own vehicle history search on it. When I asked, the dealership did not disclose to me who the previous owner of the vehicle was, only stated that it had been owned by one person previously who wanted to trade it in on a better model.

While I realized the car had higher mileage than some would have, it didn't occur to me that it could have been a rental, simply because I put about 26,000 miles per year on a vehicle driving back and forth to work. It wasn't impractical to me that this may have been the situation with this vehicle .
 
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I'm sorry.. what I meant by "title" was the title from the previous owner (ie ABC Rentals), which the dealer will almost certainly have on hand because he almost certainly bought it at auction. The current miles would've been listed, and both you and the dealer would've signed off on it. You would've received a COPY of the old title only. The dealer will not have obtained a new title since he planned on reselling the car.

It's possible the dealer did not have it though, in which case you would've been asked to sign a poa.

Did other aspects of Miller v William Chev have any relevance?
 
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