Do Lemon Laws apply to private party sales?

YES. Even in private party sales, the Lemon Law may still provide protection provided the car was accompanied by the balance of a car manufacturer’s warranty. Most vehicles sold “new” today are accompanied by a written warranty from the car manufacturer of a long duration. These warranties are almost always transferrable to the next car purchaser, which would include private party sales. As such, if you purchased a vehicle from a private party and that vehicle is still covered by the manufacturer’s new car warranty then you have rights.

Just like a new car, you have the right to have your vehicle repaired at any of the car manufacturer’s dealers of your choosing in the nation. Should the dealer fail to repair the vehicle after being afforded a reasonable opportunity to do so, the federal Magnuson-Moss Warranty Act would provide you with a remedy to bring a claim for “breach of warranty” damages and payment of attorneys’ fees and costs. Additionally and under certain circumstances, state lemons may also provide you with additional protection and the ability to seek a refund or replacement vehicle. Since these laws vary from state to state, contact an attorney experienced with handling breach of warranty and lemon law claims to best protect your rights.

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