Re: Bought a used Honda for my daughter today with ABSproblem--please help!!
 

On Fri, 27 Jul 2007 19:37:40 GMT
Unquestionably Confused <puzzled2@ameritech.net> wrote:

> Actually (at the risk of incurring your wrath) that's not correct, Joe.
> "Lemon Laws" typically are in place to hole the feet of the
> MANUFACTURER to the fire when your shiny NEW car spends more time in the
> shop than it does on the road or your garage. Even then, "Lemon Laws"
> take effect only after a set number of attempts by the manufacturer or
> his rep (dealer) have been made to repair the problem. That number of
> required attempts varies by state.
>
> With a used car dealer his only recourse is to pursue any warranty which
> was offered or purchased. Seems unlikely that he could prove fraud in
> this case. The brakes work and apparently there was no indication of
> impending failure when the deal was struck - assuming the purchaser
> drove the used car, right? Problems with ABS MAY be intermittent but,
> then again, what notice do you have the FIRST time there's a problem?
> Right! The trouble light comes on. That trouble light is NOT something
> you can typically jerry-rig to remain off until you sell the car. So,
> once again, the warranty, if any, is his recourse. If he bought it
> "As-is" then, of course, he owns a car with a failing ABS system and
> it's his problem alone.

In NY, the Lemon Law clearly covers used cars. They were pursued by lobbyists in NY in an effort to keep used car dealers a bit more honest. As I originally stated, and another poster has stated since, your local laws may (and will) vary, but it is quite worth it to find out what those laws cover.

I have personally had a used car dealer correct such problems on my previous car (1997 Caravan) within a week of buying, as it was required by law.

--
Joe

"What Color do smurfs turn when you choke them?"

Re: Bought a used Honda for my daughter today with ABSproblem--please help!!
 

On Fri, 27 Jul 2007 19:45:36 GMT
Unquestionably Confused <puzzled2@ameritech.net> wrote:

> Joe LaVigne, wrote the following at or about 7/27/2007 2:46 AM:
>
> >
> > In NY, the lemon law certainly applies to used cars, and was a large part of the reason it was written...
> >
>
>
> I'll be damned. New York State DOES have a used car Lemon Law which
> reads, in pertinent part
>
> "Under the law, a used car is one which satisfies all the following five
> conditions:
>
> (1) It was purchased, leased or transferred after the earlier of (a)
> 18,000 miles of operation or (b) two years from the date of original
> delivery; and
>
> (2) It was purchased or leased from a New York dealer; and
>
> (3) It had a purchase price or lease value of at least $1,500; and
>
> (4) It had been driven 100,000 miles or less at the time of purchase or
> lease; and
>
> (5) It is primarily used for personal purposes."
>
> Two questions and only one counts for anything in this discussion.
>
> 1) what makes you think he purchased the car in NY State?
>
> 2) He DID say that the car has 116,000 miles on the odometer so... it's
> automatically excluded from the lemon law under para 4 above

I did not know which state the car was bought in, which is why I said "some states". And while I did know the mileage, I didn't bother to research the letter of the NY law to know the cutoff mileage, which is why I recommended they check their local laws.

In my original response, all I did was offer an avenue for research. I made no claims as to the specifics of her case, as I didn't know enough specifics to give such advice.

--
Joe

"What Color do smurfs turn when you choke them?"

Re: Bought a used Honda for my daughter today with ABSproblem--please help!!
 

On Fri, 27 Jul 2007 19:45:36 GMT
Unquestionably Confused <puzzled2@ameritech.net> wrote:

> Joe LaVigne, wrote the following at or about 7/27/2007 2:46 AM:
>
> >
> > In NY, the lemon law certainly applies to used cars, and was a large part of the reason it was written...
> >
>
>
> I'll be damned. New York State DOES have a used car Lemon Law which
> reads, in pertinent part
>
> "Under the law, a used car is one which satisfies all the following five
> conditions:
>
> (1) It was purchased, leased or transferred after the earlier of (a)
> 18,000 miles of operation or (b) two years from the date of original
> delivery; and
>
> (2) It was purchased or leased from a New York dealer; and
>
> (3) It had a purchase price or lease value of at least $1,500; and
>
> (4) It had been driven 100,000 miles or less at the time of purchase or
> lease; and
>
> (5) It is primarily used for personal purposes."
>
> Two questions and only one counts for anything in this discussion.
>
> 1) what makes you think he purchased the car in NY State?
>
> 2) He DID say that the car has 116,000 miles on the odometer so... it's
> automatically excluded from the lemon law under para 4 above

I did not know which state the car was bought in, which is why I said "some states". And while I did know the mileage, I didn't bother to research the letter of the NY law to know the cutoff mileage, which is why I recommended they check their local laws.

In my original response, all I did was offer an avenue for research. I made no claims as to the specifics of her case, as I didn't know enough specifics to give such advice.

--
Joe

"What Color do smurfs turn when you choke them?"

Re: Bought a used Honda for my daughter today with ABSproblem--please help!!
 

On Fri, 27 Jul 2007 19:45:36 GMT
Unquestionably Confused <puzzled2@ameritech.net> wrote:

> Joe LaVigne, wrote the following at or about 7/27/2007 2:46 AM:
>
> >
> > In NY, the lemon law certainly applies to used cars, and was a large part of the reason it was written...
> >
>
>
> I'll be damned. New York State DOES have a used car Lemon Law which
> reads, in pertinent part
>
> "Under the law, a used car is one which satisfies all the following five
> conditions:
>
> (1) It was purchased, leased or transferred after the earlier of (a)
> 18,000 miles of operation or (b) two years from the date of original
> delivery; and
>
> (2) It was purchased or leased from a New York dealer; and
>
> (3) It had a purchase price or lease value of at least $1,500; and
>
> (4) It had been driven 100,000 miles or less at the time of purchase or
> lease; and
>
> (5) It is primarily used for personal purposes."
>
> Two questions and only one counts for anything in this discussion.
>
> 1) what makes you think he purchased the car in NY State?
>
> 2) He DID say that the car has 116,000 miles on the odometer so... it's
> automatically excluded from the lemon law under para 4 above

I did not know which state the car was bought in, which is why I said "some states". And while I did know the mileage, I didn't bother to research the letter of the NY law to know the cutoff mileage, which is why I recommended they check their local laws.

In my original response, all I did was offer an avenue for research. I made no claims as to the specifics of her case, as I didn't know enough specifics to give such advice.

--
Joe

"What Color do smurfs turn when you choke them?"