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.
Title 40, Chapter 17, §101
Chapter 17, 40-17-101. Definitions; express warranties; duty to make warranty
repairs.
(a) As used in this section:
(i) "Consumer" means any person:
(A) Who purchases a motor vehicle, other than for purposes [purpose] of
resale, to which an express warranty applies; or
(B) To whom a motor vehicle is transferred during the term of an express
warranty applicable to the motor vehicle; or
(C) Entitled by the terms of an express warranty applicable to a motor
vehicle to enforce it.
(ii) "Motor vehicle" means every vehicle under ten thousand
(10,000) pounds unladen weight, sold or registered in the state, which
is self-propelled except vehicles moved solely by human power;
(iii) "Reasonable allowance for consumer's use" means an amount
directly attributable to use of the motor vehicle prior to the first report
of the nonconformity to the manufacturer, agent or dealer and during any
subsequent period when the motor vehicle is not out of service due to
repair;
(iv) "Manufacturers' express warranty or warranty" means the
written warranty, so labeled, of the manufacturer of a new motor vehicle,
including any terms or conditions precedent to the enforcement of obligations
under warranty.
(b) If a new motor vehicle does not conform to all applicable express
warranties and the consumer reports the nonconformity to the manufacturer,
its agent or its authorized dealer within one (1) year following the original
delivery of the motor vehicle to the consumer, the manufacturer, its agent
or authorized dealer shall make repairs necessary to conform the vehicle
to the express warranties. The necessary repairs shall be made even if
the one (1) year period has expired.
(c) If the manufacturer, its agents or authorized dealers are unable
to conform the motor vehicle to any applicable express warranty by repairing
or correcting any defect or condition which substantially impairs the
use and fair market value of the motor vehicle to the consumer after a
reasonable number of attempts, the manufacturer shall:
(i) Replace the motor vehicle with a new or comparable motor vehicle
of the same type and similarly equipped; or
(ii) Accept return of the motor vehicle and refund to the consumer and
any lienholder as their interest may appear the full purchase price including
all collateral charges less a reasonable allowance for consumer's use.
(d) It is presumed that a reasonable number of attempts have been undertaken
to conform a motor vehicle to express warranty if within one (1) year
following the original delivery of the motor vehicle to the consumer,
whichever is later:
(i) The same nonconformity has been subject to repair more than three
(3) times by the manufacturer, its agents or its authorized dealers and
the same nonconformity continues to exist; or
(ii) The vehicle is out of service due to repair for a cumulative total
of thirty (30) business days.
(e) Nothing in this section shall be construed to limit the rights or
remedies of a consumer under any other statute.
(f) Subsection (c) of this section does not apply to any consumer who
has failed to exhaust his remedies under a manufacturer's informal dispute
settlement procedure if a procedure exists and is in compliance with applicable
federal statute and regulation.
(g) It is an affirmative defense to any claim under this section that:
(i) An alleged nonconformity does not substantially impair the use and
fair market value of the motor vehicle; or
(ii) A nonconformity is the result of abuse, neglect or unauthorized modification
or alteration of a motor vehicle by a consumer.
(h) In no event shall the presumption herein provided in subsection (d)
of this section apply against a manufacturer unless the manufacturer has
received prior direct written notification from or on behalf of the consumer
and has had a reasonable opportunity to cure the alleged defect.
(j) Any consumer injured by a violation of this section may bring a civil
action to enforce this section and may recover reasonable attorney's fees
from the manufacturer who issued the express warranty.
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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