Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what are my rights" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.
what are my rights, do I qualify for lemon law even if its used
No, there is no lemon law on used vehicles.
When you purchase a vehicle "as is" you don't have any warranty rights that aren't expressed in writing.
The exception would be if the dealer made specific fraudulent misrepresentations.
Specific means something like "we just replaced the transmission less than 1000 miles ago" and it wasn't ever replaced. It would not include things like "it's in good shape".
The only thing I see in your facts that could possibly help you is the part about it "looking like someone wiped the codes".
The misrepresentation is I tought I was buying a vehicle that will work
That's not specific enough to overcome the "as is" issue. If it were then that would never apply.
If the dealership wiped the codes to hire something then you could have a claim for fraud.
I cant seem to prove that...by hearsay
The person at the dealership that told you that could testify as an expert. It might be hard to prove the dealership did it, but often you can look at past service records on a vehicle or contact the other owner and they could tell you what kind of troubles it was having.
ok, So I suppose I am stuck with a USED lemon
The sad this is if I sell it to someone with these issues, it would be their problem...that would be so unfair
That is one of the problems with buying a vehicle "as is". If there's a problem you get hosed. That law was put into effect to help dealerships, not consumers unfortunately.
thanks for your time
You're very welcome. I wish I had better news for you but that's the way the law is sometimes. You may want to get a local lawyer to do a little checking for you and maybe even threaten them because of the chips being cleared issue and see if you can get some money back.
Then, of course, blast them on Yelp and other consumer websites.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).