Lemon Law NY

Is there a law against selling a lemon car?

I bought a car 2 weeks ago, after having the car for 3 days the transmission goes out. I pain 1000.00$ for it. And I have contacted the guy, I bought it off a person, he said he will fix it but never gets back in contact with me after I call him. Is there a law against this, can I take him to small claims court? Why do you all have to be rude? Okay I get it I screwed up but really do you have to be a smart A$$?

Public Comments

1. The law says, "buyer beware" but you can sue him if you can prove that he lied to you.. which is highly unlikely ( I mean, I am sure he did.. but you cant prove it)
2. You bought and got a $1000 car. Its NOT a lemon, Its a used car that was fine apparently until you tore it up. I am surprised he said he will fix it. He might have just been trying to get you off the phone. You bought it as is and you own it as is. You can sue him but you likely wont win unless you have a warranty in writing. One takes chances when they buy a car for $1000 (or $5000 for that matter). Its not new, It doesn't have a warranty and theres no way of knowing how long it will last without major repairs.
3. Unless you had a written agreement between the guy he is not responsible for any repairs. The only way to hold him accountable would be if you had a promise form that stated any repairs or extras he is going to do for you. You can't take him to court, don't waste your time. Just chalk this up to a learning experience and next time come see some one who is reputable.
4. There is no law that states you can't sell a 'lemon' car. You do have legal rights to bring suit against the seller. But,,, you have to have reonrd of the sale and the problem must be a continuing problem. The fact that you bought this car from a private party makes most arguments for returning this car moot. Ya bought it, ya got it, its broke, tough.
5. First of all, the existence of any laws that may or may not protect you are entirely dependent upon the state where you live. With that understood, unless you can prove you were deliberately misled, you probably cannot reverse the transaction. The only remedy you would likely have would be to sue the seller to either repair or pay for the repairs he promised. Anyone can take anyone else to court for just about anything. And while these laws too vary from state to state, small claims court is likely to be the proper venue to pursue $1,000 a claim. However, even if you receive a favorable judgment, collecting on it is another matter entirely. At the end of the day, how far are you willing to go to try to get your money if the seller simply ignores the judgment? Unless you are able to resolve this by the seller agreeing to perform the work he promised, you are likely to be far better-off having it repaired yourself and chalking-up this as a valuable life lesson learned. Next time, you'll know to not pay BEFORE repairs are performed; or to simply walk away from something that has the potential to be "too good to be true". Best of luck. I hope this helps.
6. No, there's no law against selling a "lemon" car. It is the buyer's responsibility to dtermine the condition of a used car before buying it. Private party car sales are "as is" transactions, and the seller has no legal responsibility to you after the sale.
7. No, it is not illegal to sell a POS. It is the buyers responsibility to make sure they are purchasing a car that is worth the money they are spending. Transmissions don't just die in three days. It was bad when you bought it. If you had the vehicle inspected I would go back to the mechanic for an explanation but of course he is not liable for the repairs either. If you didn't have the car inspected prior to the purchase then shame on you.
8. Your car does not fit into the description of a "lemon". It is a used car, plain and simple. If I were the seller I would not even offer to fix it unless he intends to charge you, which he should. You bought a cheap car and expected it to be trouble free. Use this as a learning experience. You get what you pay for. You could take him to small claims court, but would be laughed out after wasting your time.