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Loren, Attorney
Category: Legal
Satisfied Customers: 33055
Experience:  30 years experience representing clients.
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Do lemon laws cover vehicles sold at a public auction. I bought

Customer Question

Do lemon laws cover vehicles sold at a public auction. I bought a 2007 Saturn Aura from the Dayton Auto Auction in May 2015. There was no indication that this was an out of state titled car. (The state of Indiana) The owner was NEXTGEAR Capital. Three mechanics have told me that this car was in a Serious Wreck, which is evident from the multicolored fenders hood, and doors. All the mechanics told that it was also in a Flood. I bought it for $2100.00 less then 2 months ago, since then I have spent over $3000.00 on major repairs such as the rack and pinion steering, complete front brake system, struts, sway bar linkage, and a few other things I have receipts for so far. On my present road trip I am on the transmission is now slipping and needs replaced, I was told it is most likely do to it being in a flood. This is another $2000.00 expense. As a disabled veteran on a fixed income of less then $24000 annually, this thing is financially beating me to dead. How could NEXTGEAR legally be able to clean the Title on a TWICE salvaged vehicle? And is there a way to hold either of them liable for THEFT by deception?
Submitted: 2 years ago.
Category: Legal
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question and provide excellent service.
Before I answer a bit more detail would be helpful please.
Did you receive any written warranty from the seller or was the purchase AS-IS?
Thank you.
Customer: replied 2 years ago.
At the públic auction I assume as is. But there was no indication that it was totalled twice, or that it was. an out of state car. Ohio requires a salvage title. this title is clean
Expert:  Loren replied 2 years ago.
Thank you for the additional information.
The so-called Lemon Laws are actually the Magnusson Moss Warranty Act, a federal law covering the sale of new cars. So, a used vehicle is not included under that law.
If you can prove the seller knew of the salvage title requirement for this car then you can sue for fraud.
You should also make a consumer complaint to the Ohio Attorney General's office. You can file the complaint online at the following link:
I hope this is helpful. If you have any follow up questions feel free to post them. It is never a problem.
Thank you.