Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Car purchases and repairs represent significant expenses, and problems can be costly and frustrating. The Federal Trade Commission (FTC) provides guidance on buying vehicles and understanding your rights. Whether you're dealing with a defective vehicle, dishonest dealer, or incompetent mechanic, understanding your rights helps you fight back.
Document Everything: Keep all purchase documents, repair orders, warranties, and communications. This paperwork is crucial for any automotive dispute.
Lemon Laws
What Is a Lemon?
A vehicle that:
- Has a substantial defect covered by warranty
- Defect persists after reasonable repair attempts
- Usually within first 1-2 years or 12,000-24,000 miles
- Defect substantially impairs use, value, or safety
Typical Lemon Law Requirements
- Repair attempts: 3-4 unsuccessful attempts at same problem
- Days out of service: 30+ days in shop during warranty
- Safety defects: May require fewer attempts
- Varies significantly by state
What You Can Get
- Full refund (minus reasonable use allowance)
- Replacement vehicle
- Attorney fees (manufacturer pays if you win)
- Some states allow additional damages
State Laws Vary: Each state's lemon law is different. Some cover only new cars, others include used. Some cover motorcycles, RVs, or leased vehicles. Research your specific state's law.
Dealer Problems
Common Dealer Fraud
- Odometer rollback
- Undisclosed accident damage
- Hidden salvage/rebuilt titles
- Bait-and-switch pricing
- Packed payments (hidden fees)
- Yo-yo financing (calling you back)
Title Issues
- Salvage: Insurance totaled
- Rebuilt: Repaired after salvage
- Flood: Water damage
- Lemon buyback: Manufacturer repurchased
- Dealers must disclose these
Your Rights
- Right to accurate information
- Written disclosure of defects (used cars)
- Accurate pricing and financing
- Cooling-off period (some states)
- Return rights (if specified)
Used Car Purchases
Federal "As Is" Rule
- Used cars can be sold "as is"
- Must display Buyer's Guide
- "As is" waives implied warranties
- But fraud claims still valid
State Protections
- Some states ban "as is" sales
- Some require inspection or disclosure
- Implied warranty of merchantability may apply
- Check your state's consumer protection laws
Private Sales
- Fewer protections than dealer sales
- "As is" usually applies
- Fraud still actionable
- Get everything in writing
- Inspect thoroughly before buying
Vehicle History Report: Before buying used, get a Carfax or AutoCheck report. While not perfect, they reveal many hidden problems like accidents, flood damage, and odometer discrepancies.
Repair Shop Issues
Common Complaints
- Unauthorized repairs
- Overcharging
- Unnecessary work performed
- Problem not fixed
- Damage caused during repair
- Parts billed but not installed
Your Rights with Mechanics
- Written estimate before work
- Authorization for additional work
- Return of replaced parts
- Itemized invoice
- Many states regulate repair shops
Protecting Yourself
- Get written estimate
- Authorize specific work only
- Request they call before exceeding estimate
- Ask to see old parts
- Get everything in writing
Warranty Issues
Types of Warranties
- Express: Written manufacturer/dealer warranty
- Implied: Automatic warranty of merchantability
- Extended: Purchased service contracts
Warranty Claim Tips
- Report problems promptly
- Follow required maintenance
- Keep all service records
- Document each repair visit
- Know what's covered
If Warranty Denied
- Get denial in writing
- Ask for specific reason
- Escalate to manufacturer
- File complaint with state AG
- Consult lemon law attorney
Don't Void Your Warranty: You can use independent shops for maintenance without voiding warranty. But using wrong parts or fluids might. Follow manufacturer recommendations.
Taking Action
Document Your Claim
- All repair orders and invoices
- Communication with dealer/shop
- Photos and videos of problems
- Timeline of issues
- Expenses incurred
Complaint Options
- State attorney general
- State motor vehicle board
- NHTSA (safety issues)
- BBB Auto Line
- Manufacturer arbitration
Legal Action
- Demand letter first
- Small claims for repair disputes
- Lemon law attorney (often free consult)
- Consumer protection attorney
Calculating Damages
What You May Recover
- Repair costs
- Rental car expenses
- Difference in value (diminished value)
- Full purchase price (lemon law)
- Attorney fees (many consumer laws)
- Additional damages in some states
Resolve Your Auto Dispute
Generate a demand letter for car dealers, mechanics, or manufacturers.
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