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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Is there a lemon law on used cars in Arkansas? I just purchased

Customer Question

Is there a lemon law on used cars in Arkansas? I just purchased a used 2006 Chevrolet Trailblazer at a car dealership in Bentonville Ar. 2 weeks ago. Since then ive had two flats and this morning the check engine light came on. The gentleman at advanced auto put his diagnostics tester on it and says it could be one of three things, the fluid is low, which I checked and is ok, the thermostat is not opening, which it is reading 180 degrees, or the heat sensor is out. I went up to the dealer to see if they would help me out only to be told probably not because of the age of the vehicle. I bought some decent used tires today for $170.00. Is there anything that can be done in my favor?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.
I am sorry to learn of this issue. Unfortunately with used automobiles there is not as much protection for consumers as there are with new vehicles.The Lemon Law in particular only applies to new vehicles (see: http://www.dfa.arkansas.gov/offices/exciseTax/TaxCredits/Pages/NewCarLemonLaw.aspx).You are protected to some extent with used vehicles to ensure that the car has a "warranty of merchantability" - meaning that it is warranted to function as it is supposed to (it drives safely), this does not extend to any warranty as to the quality of the vehicle. (Dealers can even sell vehicles "as is" with no warranty at all).If the dealership made any specific statements or guarantees (for example: "has 4 new tires") you can claim that they engaged in "fraud in the inducement" and that the transaction is "voidable" (meaning you can choose to enforce the contract, void the contract, or pursue them for damages (the cost of replacing the old tires with '4 new tires' at your option). But these statements must be very specific, a general statement such as "runs great" "nice car" or general platitudes are not sufficient to create a claim.You can try working with the dealership - a lot of dealerships do try to make things right for their customers, they may not be willing to correct all of the problems, but their shop may be willing to at least diagnose the problem, or cut you a deal on repairs, etc. If you believe that they are engaged in fraudulent or unfair business practices, you can report this kind of conduct to the Arkansas Attorney General here: http://arkansasag.gov/file-a-consumer-complaint/

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