When buying a previously owned car, there are many ways for you to get
a bad deal from both a dealer and a private seller.
Odometers may be rolled back thousands of miles. It is against the law
in most states, but it is easy to do. It is still a major problem in used
cars today.
Be wary if the previous owner will not or cannot show you the past repair
records or identity of any former owners. If the title seems suspicious,
go somewhere else.
If an auto is shipped from out-of-state or received in trade from another
dealer.
What is
a VIN number?
Vehicle Identification Number stands for "VIN".
This vin number is a universal serial number provided to every car by the
vehicle manufacturer. Within the 17-digit number are different codes that
indicate the car's make and model, a serial number, where the vehicle was
manufactured, and even information about optional add-ons such as a sun
roof.
As used in this chapter, the following terms shall have the respective
meanings as indicated:
(1) Consumer.
The purchaser, other than for purposes of resale, of a new or previously
untitled motor vehicle used in substantial part for personal, family,
or household purposes, and any other person entitled by the terms of
such warranty to enforce the obligations of the warranty.
(2) Motor vehicle.
Every vehicle intended primarily for use and operation on the public
highways which is self-propelled; provided, however, that the term "motor
vehicle" shall not apply to motor homes or to any motor vehicle having
a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds
or more.
(3) Manufacturer.
The person, firm, or corporation engaged in the business of manufacturing,
importing and/or distributing motor vehicles to be made available to
a motor vehicle dealer for retail sale.
(4) Motor vehicle dealer or Authorized dealer.
The person, firm, or corporation operating under a dealer agreement
from a manufacturer, importer, or distributor and who is engaged regularly
in the business of buying, selling or exchanging motor vehicles in this
state and who has in this state an established place of business.
(5) Express warranty.
A written warranty, so labeled, issued by the manufacturer of a new
motor vehicle, including any terms or conditions precedent to the enforcement
of obligations under that warranty.
(6) Nonconforming condition.
Any condition of a motor vehicle which shall not be in conformity
with the terms of any express warranty issued by the manufacturer to
a consumer and which: (i) significantly impairs the use, value or safety
of the motor vehicle and (ii) occurs or arises solely in the course
of the ordinary use of the motor vehicle, and which does not arise or
occur as a result of abuse, neglect, modification, or alteration of
the motor vehicle not authorized by the manufacturer, nor from any accident
or other damage to the motor vehicle which occurs or arises after such
motor vehicle was delivered by an authorized dealer to the consumer.
(7) Notice of a nonconforming condition.
A written statement which shall be delivered to the manufacturer and
which shall describe the subject motor vehicle, the nonconforming condition,
and shall describe all previous attempts to correct such nonconforming
condition by identifying the person, firm or corporation who or which
made such attempt, and the time when such attempt was made.
(8) Lemon law rights period.
The period ending one year after the date of the original delivery
of a motor vehicle to a consumer or the first 12,000 miles of operation,
whichever first occurs.
Section 8-20A-2
Obligations of manufacturer.
(a) If a new motor vehicle
does not conform to any applicable express warranty, and the consumer
delivers the motor vehicle to the manufacturer, its agent, or its authorized
dealer, and gives notice of the nonconforming condition during the lemon
law rights period, the manufacturer of the motor vehicle shall be obligated
to make such repairs to the motor vehicle as shall be necessary to remedy
any nonconforming condition thereof. Such repairs shall be required even
after the expiration of the lemon law rights period provided that notice
of the nonconforming condition was first given during the lemon law rights
period and provided further that the manufacturer's obligation to repair
the nonconforming condition shall not extend beyond the period of 24 months
following delivery of the vehicle or 24,000 miles, whichever occurs first.
(b) If, after reasonable attempts, the manufacturer, its agent, or its
authorized dealer is unable to conform the motor vehicle to any express
warranty by repairing or correcting a nonconforming condition of the motor
vehicle which first occurred during the lemon law rights period, 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 to the consumer the following:
(1) The full contract price including, but not limited to, charges
for undercoating, dealer preparation and transportation charges, and
installed options, plus the nonrefundable portions of extended warranties
and service contracts;
(2) All collateral charges, including but not limited to, sales tax,
license and registration fees, and similar government charges;
(3) All finance charges incurred by the consumer after he first reported
the nonconformity to the manufacturer, its agent, or its authorized
dealer; and
(4) Any incidental damages which shall include the reasonable cost
of alternative transportation during the period that the consumer is
without the use of the motor vehicle because of the nonconforming condition.
There shall be offset against any monetary recovery of the consumer
a reasonable allowance for the consumer's use of the vehicle. Refunds
shall be made to the consumer, and any lien holders, as their interests
may appear. A reasonable allowance for use is that amount directly attributable
to use by the consumer before his first report of the nonconformity
to the manufacturer, agent, or authorized dealer, and must be calculated
by multiplying the full purchase price of the motor vehicle by a fraction
having as its denominator 100,000 and having as its numerator the number
of miles that the vehicle travelled before the first report of nonconformity.
(c) It shall be presumed that reasonable attempts to correct a nonconforming
condition have been allowed by the consumer if, during the period of 24
months following delivery of the vehicle or 24,000 miles, whichever first
occurs, either of the following events shall have occurred:
(1) The same nonconforming condition has been subject to repair attempts
three or more times by the manufacturer, its agents or its authorized
dealers, at least one of which occurred during the lemon law rights
period, plus a final attempt by the manufacturer, and the same nonconforming
condition continues to exist; or
(2) The motor vehicle is out of service and in the custody of the
manufacturer, its agent, or an authorized dealer due to repair attempts
(including the final repair attempt), one of which occurred during the
lemon law rights period, for a cumulative total of 30 calendar days,
unless such repair could not be performed because of conditions beyond
the control of the manufacturer, its agents or authorized dealers, such
as war, invasion, strike, fire, flood, or other natural disaster.
Section 8-20A-3
Cause of action against manufacturer.
(a) A consumer
sustaining damages as a proximate consequence of the failure by a manufacturer
to perform its obligations imposed under this chapter may bring a civil
action against the manufacturer to enforce the provisions of this chapter.
Prior to the commencement of any such proceeding a consumer must give
notice of a nonconforming condition by certified United States mail to
the manufacturer and demand correction or repair of the nonconforming
condition. If at the time such notice of a nonconforming condition is
given to the manufacturer, a presumption has arisen that reasonable attempts
to correct a nonconforming condition have been allowed, the manufacturer
shall be given a final opportunity to cure the nonconforming condition.
The manufacturer shall within seven calendar days of receiving the written
notice of nonconforming condition notify the consumer of a reasonably
accessible repair facility. After delivery of the new vehicle to the authorized
repair facility by the consumer, the manufacturer shall attempt to correct
the nonconforming condition and conform the vehicle to the express warranty
within a period not to exceed 14 calendar days. If a manufacturer has
established an informal dispute settlement procedure which is in compliance
with federal rules and regulations, a consumer must first exhaust any
remedy afforded to the consumer under the informal dispute procedure of
the manufacturer before a cause of action may be instituted under the
provisions of this chapter.
(b) It shall be an affirmative defense to any claim against the manufacturer
under this chapter that: (i) an alleged nonconforming condition does not
significantly impair the use, market value, or safety of the motor vehicle;
or (ii) a nonconforming condition is a result of abuse, neglect, or any
modification or alteration of a motor vehicle by a consumer that is not
authorized by the manufacturer.
(c) If it is determined that the manufacturer has breached its obligations
imposed under this chapter, then the consumer shall be entitled to recover,
in addition to the remedy provided under Section 8-20A-2 above, an additional
award for reasonable attorneys fees.
Section 8-20A-4
Resale of returned motor vehicle.
If a motor vehicle
has been returned to the manufacturer under the provisions of this chapter
or a similar statute of another state, whether as the result of a legal
action or as the result of an informal dispute settlement proceeding,
it may not be resold in this state unless:
(1) The manufacturer discloses in writing to the subsequent purchaser
the fact that the motor vehicle was returned under the provisions of
this chapter and the nature of the nonconformity to the vehicle warranty.
(2) The manufacturer returns the title of the motor vehicle to the
Alabama Department of Revenue advising of the return of the motor vehicle
under provisions of this chapter with an application for title in the
name of the manufacturer. The Department of Revenue shall brand the
title issued to the manufacturer and all subsequent titles to the motor
vehicle with the following statement:
THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM
TO ITS WARRANTY.
Section 8-20A-5
No dealership liability.
Nothing in this chapter imposes
any liability upon a motor vehicle dealer or authorized dealer or creates
a cause of action by a consumer against a motor vehicle dealer or authorized
dealer. A motor vehicle dealer or authorized dealer may not be made a
party defendant in any action involving or relating to this chapter. The
manufacturer shall not charge back or require reimbursement by a motor
vehicle dealer or authorized dealer for any costs, including, but not
limited to, any refunds or vehicle replacements, incurred by the manufacturer
arising out of this chapter.
Section 8-20A-6
Statute of limitations.
Any action brought under this
chapter against the manufacturer shall be commenced within three years
following the date of original delivery of the motor vehicle to the consumer.
NOTE: Alabama law does not provide for a "lemon law board" as in many
other states. You may call the Alabama Bar Association at (800) 392-5660
to obtain a list of attorneys that specialize in this area.
Click the state link below for more detailed information on another US
state.
Order a vin check today. Vehicle VIN
Checks provide you with the safety and assurance you need to buy
a reliable used vehicle. A VIN report can provide a surefire way
to get more interested buyers if you are selling a used car.
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