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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 116706
Experience:  Attorney with over 24 years of law and traffic law
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I have a used vehicle I bought from New Mexico the Vehicle

Customer Question

I have a used vehicle I bought from New Mexico the Vehicle is now in Minnesota. I just found out about this law but I have an extended care plan on the vehicle through the dealership and it has had two transmissions, new battery, two wiper motors, two factory recalls. I have now had the vehicle for two years can I still use the lemon law? If so how do I go about doing it?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid the Lemon Law in MN and NM both apply only to new car purchases, not used car purchases. Legally, a used car purchase is considered as is and unless you get a written warranty, the courts hold the risk of any defects are on the buyer of the car. The courts use the term "caveat emptor" or "buyer beware" when talking about such sales.
Legally, since you have a warranty, your only legal protection is under the warranty terms, not under lemon laws or any other laws. Even if it were a new car purchase, a lemon law right must be exercised within 1 year of purchase. The fact is in a used car purchase, used items break from wear and tear and that is why the courts hold the buyer liable for such defects.
Your legal protections are under the warranty you have under the factory recalls.
Customer: replied 2 years ago.
What about my new transmission they put in less than 4 months ago and has to be replaced due to metal floating around in it?
Customer: replied 2 years ago.
I forgot to add what if the metal gets to my engine do I have any rights there?
Customer: replied 2 years ago.
They have said it was a faulty transmission
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If they installed a new transmission, that is governed by its own warranty and if it was defective they are bound to repair or replace the transmission if they cannot repair it. You have a right to get a properly working transmission under the warranty for the transmission.