What to Do When You Have Used Car Problems Within 30 Days of Buying

Buying a used car can be an exciting experience – you’ve done your research, found the perfect vehicle, and driven off the lot with a sense of accomplishment. But what happens when that excitement turns to frustration because your newly purchased car starts giving you trouble just a few weeks later?

As consumer protection attorneys, we’ve seen this scenario play out time and time again. The good news is that you may have options for recourse under Mississippi’s lemon law and other warranty protections. The key is to act quickly, document everything, and know your rights as a consumer.

What is Lemon Law?

A “lemon” is a vehicle with a substantial defect that can’t be fixed after a reasonable number of repair attempts. Lemon laws are designed to protect consumers who purchase these defective vehicles by requiring the manufacturer or dealer to either replace the car or refund the purchase price.

While Mississippi’s lemon law (Miss. Code Ann. § 63-17-151 et seq.) primarily covers new vehicles, some states like New York and New Jersey have lemon laws that specifically address used cars. It’s important to understand the specific provisions and limitations of your state’s law.

Types of Warranties on Used Cars

Even if your used car isn’t covered by the lemon law, you may still have warranty protections. There are two main types of warranties that could apply:

1. Implied warranties: Under Mississippi law, every used car sold by a dealer comes with an implied warranty of merchantability (Miss. Code Ann. § 75-2-314). This means the car must be fit for its ordinary purpose – in other words, it should be safe and reliable for everyday driving.
2. Express warranties: These are written or verbal guarantees made by the dealer about the condition or performance of the car. For example, a dealer might offer a 30-day warranty covering certain repairs. If the dealer makes any promises or representations about the vehicle, get them in writing.

The Magnuson-Moss Warranty Act

In addition to state laws, there’s a federal law called the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) that governs consumer product warranties. This law doesn’t require dealers to offer warranties on used cars, but if they do, it sets rules for how those warranties must be disclosed and honored.

One key provision is that if a dealer offers a “full” warranty, they must repair any defects within a reasonable number of attempts. If they cannot do so, the consumer may be entitled to a refund or replacement.

Steps to Take When You Experience Problems with a Used Car

If you’ve discovered a problem with your recently purchased used car, follow these steps to build your case and pursue a resolution.

Document the Issues

Start by keeping a detailed log of any issues you experience with the vehicle. Note the date, time, and nature of each problem, as well as any related expenses like towing fees or rental car costs.

If you take the car to a mechanic for repairs, get copies of all repair orders and invoices. Keep records of all your communications with the dealer, including emails, letters, and notes from phone conversations.

Notify the Dealer

Your first step should be to contact the dealership where you purchased the car and explain the situation. Be specific about the problems you’re experiencing and what you want the dealer to do about it.

It’s best to put your concerns in writing – that way, you have proof of your efforts to resolve the issue.

Give the Dealer an Opportunity to Repair

In most cases, you’ll need to give the dealer a reasonable number of attempts to fix the problem before you can pursue other remedies. What counts as “reasonable” may depend on the severity of the defect and the terms of any warranty that covers the vehicle.

Research Your State’s Lemon Law and Warranty Protections

Take some time to familiarize yourself with the specific provisions and eligibility requirements of Mississippi’s lemon law and any other consumer protection statutes that might apply to your case. The Mississippi Attorney General’s website is a good place to start.

You can also reach out to our firm for a free consultation to discuss your situation and get a better understanding of your legal options.

Pursuing a Lemon Law or Breach of Warranty Claim

If your attempts to resolve the issue with the dealer are unsuccessful, you may need to escalate your case by pursuing a formal legal claim.

Arbitration or Mediation

Some warranties or purchase agreements require consumers to go through arbitration or mediation before filing a lawsuit. This is a process where a neutral third party hears both sides and tries to help reach a resolution.

Arbitration can be binding (meaning the decision is final) or non-binding (meaning you can still sue if you don’t agree with the outcome). Be sure to understand the rules of any arbitration program before agreeing to participate.

Filing a Lawsuit

If arbitration isn’t required or doesn’t resolve the issue, your next step may be to file a lawsuit against the dealer for breach of warranty or violation of the lemon law.

This is where having an experienced consumer protection attorney on your side can make all the difference. We can help you build a strong case, navigate the legal process, and fight for the compensation you deserve.

Seeking a Refund or Replacement

Under Mississippi’s lemon law, if you win your case, you may be entitled to either a refund of your purchase price or a replacement vehicle.

The process for seeking this relief can be complex, and dealers will often fight hard to avoid these outcomes. Having skilled legal representation can improve your chances of success.

The “Cooling-Off Rule” and Used Car Purchases

You may have heard of the Federal Trade Commission’s “Cooling-Off Rule,” which gives consumers three days to cancel certain types of purchases. Unfortunately, this rule doesn’t apply to car sales.

Once you sign the purchase agreement and drive the car off the lot, the sale is generally final – which is why it’s so important to have the vehicle inspected before you buy and to act quickly if problems arise.

Most reputable dealers will allow you to take the car off-site for an inspection or have a mobile inspection service come to the lot. If a dealer refuses to let you get an inspection, consider that a major red flag.

Don’t Let Used Car Problems Leave You Stranded – Contact Ware Law Firm Today

If you’re facing issues with a used car you recently purchased, it’s important to act quickly to protect your rights and seek a resolution. The experienced consumer protection attorneys at Ware Law Firm are here to guide you through the process and fight for the relief you deserve.

We understand how frustrating and stressful it can be to deal with a defective vehicle, especially when you’re still in the first few weeks of ownership. Don’t let used car problems leave you feeling powerless.

Contact Ware Law Firm today to schedule your free consultation.