Used Cars Clarksville Indiana – Buying a used car is a very big financial alternative if the deal is good. But there are always concerns of lemon landings in the pursuit of used cars. Fortunately when it comes to consumers buying used cars in Indiana they are entitled to protection under Indiana lemon law for the purchase of their used cars.
Implied guarantee – Conformity of Purpose
The Indiana Commercial Uniform Code based on Indiana law any product sold has an implied guarantee attached to it. An implied guarantee is a legal concept that requires sellers to sell products that function as advertised.
Used Cars Clarksville Indiana
In the case of used cars, this means used cars
• That basically the sound must be sold by the seller
• Must function for the purpose of your purchase
If your used car fails to carry out its duties by not fulfilling the purpose of your purchase, you may be entitled to return the vehicle to the seller.
Implied Guarantee on Tradable Goods
Under Indiana law, the implied warrant for sale is stated
• Vehicles must function properly as advertised, given age, condition or distance
• Free from defects in material that affect its use or safety
• Must be in working conditions without mechanical or primary safety defects
If the used car you are buying does not work as promised, the dealer may violate the implied warranties of merchantable goods and you may be entitled to the cost of repairs from the dealer.
Federal Law – Magnuson-Moss Guarantee Act
If you are in Indiana or another state, purchasing your used car is also protected by the federal Magnuson-Moss Warranty Act.
Under the all federal Magnuson-Moss Warranty Act
• The guarantee of the manufacturer – expressed or implied, must be respected by the seller of the vehicle
• Valid guarantees must be guaranteed
• Written guarantees cannot avoid basic implied warranties that can be traded
Dealers must respect Indiana’s implied warranty under Indiana law and federal law.
Lemon Law – Factory warranty
• If the used car that you purchased is still protected by the original factory warranty, you may have the Indiana Lemon Law protection
• If this is a recently used vehicle purchased in Indiana, the car must have one or more defects that affect the use, safety or value of the car, appearing within the warranty period
As Is and Implied Guarantee
In Indiana, like in most states, sellers of used vehicles can get around with implied warranties by selling “as is” cars.
• For the car to be sold “as is”, it must be clearly stated
• “As is” does not mean the seller can misrepresent the condition of the vehicle
• If the seller tells you that the machine is in good working condition, and it turns out the head gasket is blown, you may still be entitled to sue the seller for the cost of repairs.
• In Indiana, implied guarantees do not apply to private sellers, such as sellers in classified ads
• All vehicles purchased from private sellers are usually considered “as is”
The solution for the Lemon used car that you bought
If you have bought a used car in Indiana and you feel you have not met the terms of an implied warranty, you might be able to sue the seller
• In Indiana courts depending on the price of the vehicle you may want to sue in the small claims court
• For implied warranty violations, you must be able to show that the vehicle is damaged at the time of purchase
• For purchases “as is”, you must be able to prove that the seller intentionally and materially misinterpreted the condition of the vehicle.
Learn about the implied warranty law in Indiana before buying a used car to make sure you get the right used car without problems.
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