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going to the dealership-need lemon law help asap PLEASE

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feelconfused212

Junior Member
What is the name of your state? NY

I bought a mercury mystique from a dealership on may 21st. It has an inspection sticker from the dealership. its got 86k miles on it and was told to make sure I put plates and insurance before 45 days. Well I did that and not even 25 minutes after I put the plates on... the check engine light came on:eek:. I went to auto zone so that they can check it out with the EMC machine and it came back saying transmission slippage. (low fluid or transmission needs to be replaced) It's been under 30 days and definitely under 1000 miles. I bought the car "as is" thinking that all used cars came as is ..not knowing about cars..:confused:
I need help I'm going to the dealership tomorrow and I spent all my savings money on this car:mad:..Have they taken me for a ride? :confused:I don't know if the lemon law applies to used cars sold "as is" in NY.:confused:
Please help.
thanks :(
 


Zigner

Senior Member, Non-Attorney
See what the dealer says about the transmission.
See http://www.autopedia.com/html/LemonLaw/NewYork_NY_lemonlaw3.html for more information.
 

feelconfused212

Junior Member
okay thanks ..thats what I am going to do tomorrow..

thank you so much for your reply..however I'm kind of stuck because i read this
-No used car
covered by this law can be sold by a dealer
"as is."-
My car is covered by the NYS Lemon law but I bought it as is ..might sound stupid but my q now is :
does this mean because I bought the car as is it's not covered by the lemon law OR the dealership can't sell cars as is if they are protected by the lemon law?:confused:
 

Zigner

Senior Member, Non-Attorney
The dealership is required, by law, to offer a 30 day/1,000 mile warranty to you (even on an "as-is" sale.)
 

lkbamm71

Junior Member
For starters, take Auto Zone diagnostics with a grain of salt - putting a scan tool on a car does not "tell you" what's wrong with a car. Rather it gives a repair technician a direction to go in when diagnosing what's wrong with your car. Most Auto Zoners aren't trained technicians. Rather, most are $9 per hour counterpersons who have training in how to USE a code reader and not how to PROPERLY INTERPRET the data they retrieve.

Secondly, has the dealer said they are not going to cover necessary repairs? If you haven't been to dealership yet, go there with an open mind. Tell them what's happening with the car, when it happens and give them as much information as possible. Let them diagnose the problem then go from there.

Finally, most "Lemon Laws" will require buy-back only after three unsuccessful attempts at repairng the same problem. If this is the first time you've been to the dealer with a problem, don't start threatening him with Lemon Laws - that will only build a wall between you and the successful repair of your car. Tell the dealer how much you like the car (if this is the case), how much you enjoyed the car buying experience (if this is the case) and how much you're looking forward to getting this problem resolved.

Establish a good relationship with the Service Advisor when you bring your car in for service. A Service Advisor will go to bat with the Service Manager for a customer they like and have a good relationship with. Trust me - I've seen it. And touch base with your salesman as they will also go to bat for you if you are reasonable with you demands and expectations.

Good luck! :)
 

BL

Senior Member
Yeh he can go in with an open mind and be polite , and if they resolve it under the laws , fine and dandy .

If the tell him sorry , he bought it as-is , he's armed with info. to tell them , and if they refuse , he knows where to complain .

Just like buying a new car , ya should be knowledgeable .

Now he's knowledgeable on his rights .
 

lkbamm71

Junior Member
Response to BL

If the tell him sorry , he bought it as-is , he's armed with info. to tell them , and if they refuse , he knows where to complain .

Just like buying a new car , ya should be knowledgeable.
I absolutely believe in being knowledgable. There's no debating that. I work for a dealership and all I am saying is that if the owner goes to the dealership quoting Lemon Laws and Auto Zone diagnostics on the first visit, the dealer is likely to put their back up from moment one and say "fine - then let Auto Zone fix it." Remember, the dealership likely "safety checked" the car prior to sale. Also keep in mind that the transmission problem may not have been close to rearing its ugly head at that time. If this is the first time the dealer is seeing the car for this problem, and if the owner has had otherwise favorable interactions with the dealer thus far, then give the dealer the benefit of the doubt and let them attempt to fix the car. Don't be gullable and over-trusting, but don't go in loaded for bear on the first visit either.

The fact of the matter is that nothing is truly "as-is." Case in point, a satellite dealership of ours sold a 10 year old car with over 100,000 miles on it for $1500. The owner of the dealership told the buyer that car was "as-is" and had no warranty attached to it. Guess who paid for the four wheel brake job and spark plugs it needed three weeks after it was sold... It wasn't the car's owner.:D
 

teflon_jones

Senior Member
I absolutely believe in being knowledgable. There's no debating that. I work for a dealership
The fact of the matter is that nothing is truly "as-is." Case in point, a satellite dealership of ours sold a 10 year old car with over 100,000 miles on it for $1500. The owner of the dealership told the buyer that car was "as-is" and had no warranty attached to it. Guess who paid for the four wheel brake job and spark plugs it needed three weeks after it was sold... It wasn't the car's owner.:D
Either the dealership was dumb or just being nice. There absolutely is "as-is". Dealers are only required to offer warranties on cars with <100k miles or that sell for more than $1500.
 

BL

Senior Member
Either the dealership was dumb or just being nice. There absolutely is "as-is". Dealers are only required to offer warranties on cars with <100k miles or that sell for more than $1500.
They are also required by law to have the auto Safety Inspected and affix that Safety inspection sticker on the windshield .

In this case the Safety inspection was fraudulent , in that Breaks are included in a Safety inspection .

I put a Newly opened used car dealer out of business over Safety inspection , and won in small claims over a couple of autos that were fraudulently inspected .
 

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