Tom McCutcheon – Attorney at Law
Q: I purchased a 2011 Ford F150 pickup truck from a local used car dealer. The truck looked very nice and the questions that I asked about the truck were answered to my satisfaction and it only had 24,000 miles on it and seemed to be well taken care of. A little over a week after I bought it the transmission began to fail and it would cost about $4000 to fix or replace. The place where I bought the truck said they would see if they could help me find a transmission at wholesale and that’s all they were willing to do. I obviously bought a lemon and I think Alabama has a lemon law. Does it apply in this case?
Donnie
Moulton, AL
A: Unfortunately, you only get the warranty that you agree upon when you purchase a used vehicle unless it is still under the manufacturer’s original warranty. A car bought “as is” has no warranty.
Alabama does have a lemon law and it is found at Alabama Code §8-20A-2 but it only applies to new vehicles.
For the lemon law to apply the motor vehicle has to be out of service and in the care of the dealer for a cumulative total of 30 calendar days due to repair attempts. The dealer gets three repair attempts plus one additional attempt by the manufacturer to fix the car.
If, after reasonable attempts to fix the car have been made, either by repairing or correcting the condition of the motor vehicle which occurred within 24 months or 24,000 miles whichever first occurs, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund the following: full contract price, sales tax, license and registration fees and all finance charges incurred by the consumer after he first reported the nonconformity.
When buying a used car, you do have the option of having a pre-purchase inspection by a reputable mechanic. You also have the opportunity to ask for a period of time in which you can return the car. You could also ask for a 30 day warranty.
I have dealt with cases years ago where people would buy commercially available for used cars. The limited experience that I can share is that, at least for the ones I saw, they were completely useless. That’s not to say that there may be some commercially available warranty for used cars that may be reputable and give good service if needed.
Remember that Alabama’s Lemon Law only applies to new vehicles. If your bill of sale indicates that you bought the car with the agreement and understanding that it was purchased “as is” there is no warranty.
Buckle up and drive safely.
McCutcheon & Hamner, P.C.
2210 Helton Drive
Florence, Alabama 35630
Telephone: 256-764-0112
Facsimile: 256-764-1124
11 comments
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From: Romeo90626@aol.com
To: romeo90626@aol.com
Sent: 7/20/2015 10:58:31 A.M. Eastern Daylight Time
Subj: Lemon Law writeup
In April we purchased a 2015 Prius v 5 from the Fayetteville Toyota dealer, Landers McClarty. The car is registered and located in Madison AL, 186 Sarah Jane Drive, 35757. The Prius v was ordered with almost all of Toyota’s available and corporate installed, electronics packages. These packages included: the burglar alarm and external, remote and push button start and lock systems as well as: GPS, radar controlled automatic speed control, internet Apps, touch control screen, heads up display, blue tooth, etc, If there were any electronics’ options not selected by me in the order process, I am unaware of them.
The car was delivered in April 2015 (specifics are available as required.) I have been using Bill Penny Toyota as the dealer handling all of my warranty claims(specifics are available as required.)
Since the car was delivered, numerous problems with the electronics systems have occurred. These include:
System non-start- The car’s computer did not recognize the electronic handheld module. Car towed to the dealer.
The automatic speed control stopped working while in use and in traffic. Car had to be shut off and restarted to regain the function. Car taken to dealer. No resolution.
The car touch screen ceased to function while driving! This resulted in the loss of all electronics’ functions. Car was taken to dealer; who “fixed it”- In fact it was not fixed! Problem re-cropped up while in a test drive with the Bill Penny service rep. Car was given back to dealer for further analysis and subsequent repair.
This specific problem has arisen several times since. each time it was taken back to Bill Penny for repair. Each time the problem was not fixed. one time I was told that Bill Penny (BP) did not know how to fix it( because the options purchased on my vehicle were not available through “SE Toyota” the “zone” through which Bill Penny gets its Toyotas and it would have to be taken back who get the Toyotas from a different zone that allows the options selected by me are installed. (This was later rescinded and BP agreed that they should be able to perform the warranty repair. After several more attempts at getting the problem repaired, we have now been told by BP that the required repair will not be available until the end of August! So the un-safe car sits in my garage until it can be fixed.
Sincerely Romeo DeLiberis
romeo90626@aol.com
Can You help?
I have a Toyota matrix 2010 . Took it in for a recall. My work car, Toyota has said that it’s unsafe to drive. Parts to Repair are not available . Put me in a rental till July. I played top dollar for the car 11 months ago. Put new tires on it worthwhile I through. Now I find out it has 8 recalls. I wanted to trade in but can’t. Now I find out it. Is worth much less than book value. What can I do? tonyallison960@gmail.com tonyallison960@gmail.com tonyallison960@gmail.com tonyallison960@gmail.com tonyallison960@gmail.com tonyallison960@gmail.com tonyallison960@gmail.com
i have a vehicle that i purchased about 2 1/2 years ago that i am still paying on. 2 weeks after i drove it off the lot the engine blew up. i had their shop look at it and told me nothing was wrong. took it to another shop and found out the motor was blown. The warranty that i had purchased to cover these issues was voided because they put something in the engine.S the dearler and the finance company decided that it was only my issue and the only thing that the finance company could do was write me another loan for the cost of the motor.
You
Now i have had issues with this vehicle every since then and have been in touch with both companies who still take no responsibility as far as this piece of junk goes. it only starts when it wants to and everything is falling apar. i have more than paid this vehicle off. now i still owe almost the same amount as what i barrowed for the vehicle after already paying off the loan for the motor its a 2007 aramada.
I purchase the car from a dealer and the car has been on the water and I didn’t do it and sold it to me I found out 6 days later does the lemon law apply to these it came with a 3-year warranty on the car
I purchased a 2005 Ford Explorer with 234000 miles on it Feb.27,2019 from A Thaddeus People’s for $3500.00 with clean title nice car So borrow it well since these months has pasted I’ve contacted him on several attempts he agreed to come look at the truck never showed or called I’ve left plenty messages today is August 11,2019 and the car no longer works it on da side of the road so I’mma make a attemp 2 put it in da shop to see exactly wats wrong with it because replaced front and back brakes the left light don’t work or it’s want twisted in the switch so I gave one head light date the first call I made to him was about my head light because it was just purchased I have 6 kids I should not have go through this at all days alot of money to have the vehicle for a couple months and it’s over with plus the truck just breaking me period I’m hurt upset disgusted with my self because I done Been t keeping my truck up cause that’s my bread and butter the truck is still in the seller name this Glenda Berryman I couldn’t get my tag until he signed her name So yea I need ur help cause me and my kids are being played by Thaddeus People’s It’s Sad ppl like this
I have a 2016 Mercedes c300 has gas fume smell in cabin they attempted to fix under original warranty, picked car up drove home stopped and got gas fume smell returned , immediately took car back next day they say they can’t ding anything wrong , car is now out of warranty , can I sue to make them re buy car ,
I sold a 1996 chevrolet pick up a month ago and now he is claiming something is wrong with the truck and saying legally there is a warranty and not a as is sale….I DIDN’T put a warranty on a used vehicle… plus I thought any private sale in alabama is a as is sale…. should I be worried that I will lose in a court case if he tries ?
I bought a Dodge Challenger scat pack 7months ago from Kia dealership as is with 128,000 miles, now it’s reading 152,320 and the motor is blown that’s not even 30,000 miles that I had it. Will I be titled to anything?
I BOUGHT A USED CAR AS IS.AND FOUND IT HAD WATER DAMAGES ON THE BOTTOM,COMPLETLY RUSTIC ON THE BOTTOM , CAN THERE BE ANYTHING DONE ABOUT IT ?
My daughter bought a Cadillac. I’m not sure of the make or model,I do know that it’s not an older model. This car has been giving her problems from the day she sat in it. The dealership allegedly fixed it. Then it’s back in the shop. Supposedly a new engine was put in. There are too many problems to name. She went out of town. Guess what happend. It could not be driven any faster than 55 in a 75. By the way she was traveling with my grands and I am not happy.