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Barrister
Barrister, Attorney
Category: Traffic Law
Satisfied Customers: 38250
Experience:  Attorney with over 17 years experience
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If I buy a used car in Nevada and less that 100 miles after

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If I buy a used car in Nevada and less that 100 miles after driving the transmission causes the check engine light to come on, can I take the car back to the dealer (without a used car warranty)? If so, what options do I have (ex. reverse the deal, have new purchase repaired, etc.)?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Have you had the car checked out by a mechanic to see what the problem is?
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If so, did the mechanic think that the dealer reset the check engine light to conceal any problem?
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And there is no written warranty on the car that covers the drivetrain, correct?
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Thanks
Barrister
Customer: replied 3 years ago.

Unfortunately, the only place I could find to have the codes printed was a pepboys. Due to the fact that the third of the 3 codes was a trans control sys malfunction, they dont want to touch it (stated return the car to the dealer). The first two codes have to deal with a fuel mixture issue (which would cause the car to not pass emission), but the car passed emissions on the 28th of October (6 days ago).


 


Correct, the car does not have a warranty. However, I believe the state of Nevada has used car protections that cover the engine and trans.

Ok, if the vehicle was sold "as is" without any type of written warranty, then you may have trouble forcing the dealer to make any repairs. When a vehicle is sold "as is" it is up to the potential buyer to have the vehicle thoroughly inspected to ensure it doesn't have any problems and is mechanically sound.
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Nevada does have "lemon laws" but these typically only apply to new and used vehicles under warranty and can force the manufacturer to repurchase the vehicle if they can't fix a problem after repeated attempts. Unfortunately, NV lemon laws do not apply to used vehicles that are out of the factory warranty.
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This is the specific law in NV:
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Repairs to Conform to Express Warranties
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NRS 597.600  Definitions.  As used in NRS 597.600 to 597.688, inclusive, unless the context otherwise requires:

1.  “Buyer” means:

(a) A person who purchases or contracts to purchase, other than for purposes of resale, a motor vehicle normally used for personal, family or household purposes.

(b) Any person to whom the motor vehicle is transferred during the time a manufacturer’s express warranty applicable to the motor vehicle is in effect.

(c) Any other person entitled by the terms of the warranty to enforce its obligations.


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So if the vehicle is still under a factory warranty, you could force the manufacturer to pay for any repairs that are necessary.
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With that said, if you can have a dealer inspect the car and find out when the check engine light was most recently reset, you could have a cause of action for fraud and misrepresentation against the seller even if the car is out of factory warranty. If they reset the fault code in an effort to conceal a problem instead of fixing it, then this can be considered fraud and would give you the right to sue the dealer for the cost of repairs if they won't voluntarily fix the car.
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Thanks
Barrister
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