We can’t all enjoy the protection of a new car warranty or, in some cases, the protection of time left on a new car warranty in a used car purchase. What about that five or six year-old pick-up or high mileage sedan we buy with the anticipation that it will hold up for a reasonable amount of time? Only a handful of states offer used lemon protection and older used car complaints won’t hold up under federal warranty laws. Throw into this dismal mix the fact that body shops and mechanics can work superficial wonders with known lemons, stolen and stripped vehicles as well as those that have been totaled and salvaged.

The best way to deal with these potential disasters is to avoid buying them. Modern technology can help. Companies like CarFax or your insurance company can search the history of your vehicle, based on the VIN number, and turn up discrepancies in the odometer reading as well as any accident or theft reports and warranty claims. More importantly, if the car has been totaled, either as the result of an accident or flooding, that will show up on the final report.

Common locations for VIN numbers are

• The car’s firewall
• The radiator support bracket
• The machined pad on the front of the engine
• Driver’s side door or post on the passenger side
• Component parts such as engine, frame, etc.
• The dash near the windshield
• Left side of the inner wheel arch
• Steering column
• Warranty and maintenance book

If you notice more than one VIN number during your inspection of the car, walk away.

Where to Buy a Used Car

The safest place to buy a used car is a new car dealer; they run too high a risk by selling used lemons. A new dealer will also be the only real source of a “certified” used car, which is a form of short-term warranty and an assurance that the car has been thoroughly checked out by the dealer’s mechanic. Used car dealers and private parties will offer better prices on used cars, but offer little, if any, guarantee. If finances send you to either of the above, you need to be extra smart when it comes to inspecting the vehicle and it’s imperative to run a VIN check.

Inspecting a Used Car

If you have any question about your automotive/mechanical aptitude, take a friend with these skills. If you’re prone to rash decisions or timid, take a friend to save you from yourself.

• Bring a flashlight, a notepad and wear clothes that allow you to totally explore the car.
• Ask for the title. A private party should have it on hand as should a used car dealer.
• Look for ripples down the sides of the vehicle as well as on the hood and trunk lid. Ripples or dull or mismatched finishes could indicate a bad fix following an accident or worse yet, a serious accident. Open and close all the doors, the engine hood and trunk lid. If there’s any resistance or they do not align when closed, that’s another indication of a bad wreck.
• Check for paint bubbles near the door, windshield and sunroof moldings, around the bumpers, grill and wheel wells. These paint bubbles are the first sign of rust. Ask the seller to punch the bubbles with a screwdriver. Small rust spots can be easily repaired; if that screwdriver pokes through metal, that’s a more extensive and expensive fix.
• Check the trunk for water stains and rust and to verify there is a spare tire. If you’re buying a pick-up with a slip-in bed liner, check under the liner for rust.
• Check under the car and in the wheel well. If either has been recently undercoated, the reason is probably rust.
• Go through the interior carefully to identify any missing parts or serious water stains.
• Look at the tires for even wear. Uneven wear is a sign of a problem, from a bad alignment to suspension problems.
• Before you test drive the vehicle, turn on the engine and check the exhaust system. There should be no fumes escaping from anywhere in the system except the tail pipe. Make sure there is no blue smoke coming from those pipes.
• Apply pressure to the brake pedal and keep the pressure on for about half-a-minute. If the pedal keeps going to the floor, there is probably a brake fluid leak.
• If the vehicle is an automatic, put your foot on the brake pedal and slip from neutral to reverse and neutral to drive. You should not hear a clunk.
• If the vehicle is a manual transmission, test the clutch pedal. The pressure required to depress the pedal should be consistent with what you know is a sound clutch. Unfortunately, this is a subjective test. If you’re used to a high mileage vehicle with an old clutch, you may not have a realistic idea of what a clutch pedal should feel like.
• Before you test drive the vehicle, move it a car-length from where you first turned on the engine. Look for fresh oil or fluid leaks.
• Now, the test drive. Plan on a good 30- to 45-minute test preferably at both street and highway speeds.
• Make sure the automatic transmission shifts smoothly. For a manual, run through all the gears. It’s not uncommon for reverse to be difficult to hit on the first try; none of the other gears should offer any resistance.
• The brakes should not make noise. The noise could be as simple as a need for new brake pads, or a more expensive rotor/caliper repair. The first time you check the brakes, leave plenty of room for the stop. Some vehicles simply have a better braking system than others. Make sure you can live safely within the stopping range.
• Assess the feel of the steering wheel, especially at highway speeds. The car should track straight, the steering should not vibrate or jerk or resist when you make a turn. Make sure any body roll is consistent with the way you enter and exit turns. The relative stiffness of a vehicle’s suspension system is a matter of driving ‘taste.”It is also a safety issue if suspension parts are worn or damaged.

If you’re pleased with the test drive, take the car to your mechanic to be thoroughly checked out. A tune-up just prior to sale can cover up a lot of serious issues that would be obvious with a good mechanic’s scrutiny.

This all may seem like a lot of trouble for a used car purchase, but if the car has a checkered past or is harboring a serious defect, it’s a lot less trouble and expense that dealing with a used lemon.

If you suspect your vehicle is a lemon, contact us using the form to the right and we’ll help you locate a lemon lawyer.

You’re not necessarily doomed if you feel you bought a used lemon. The first step in determining recourse is to check your state’s lemon law. If used vehicles are not specifically included in your state’s lemon law, you still may be able to resolve your lemon issues under the federal Magnuson-Moss Act that deals with lemons as a manufacturer’s warranty issue.

Warranties on Used Cars

You could be entitled to compensation for a used lemon if one of the following applies:

There was a manufacturer’s warranty left when you purchased your vehicle. The shortest warranties, either basic or power train, run for 3 years or 36,000 miles. Many run significantly longer. You’ll notice from the State Lemon Law summary, that the coverage period under state laws is either the warranty or 1 to 2 years or 12,000 to 24,000 miles, “whichever comes first.” Obviously, most used cars would have exceeded this parameter. But, the federal law can still be applied.

The vehicle was “certified” by the manufacturer and comes with a short warranty, usually one year.

You purchased a manufacturer’s extended warranty which typically runs for 5 years or longer.

Consumer Protection Laws

There still may be legal avenues available if your used lemon has no existing warranties – particularly in the following cases:

• Laundered lemons with a prior history of mechanical problems known to the seller.
• Previously salvaged or wrecked
• Fraudulently rolled back odometer
• Rental or police car, information not revealed at the time of sale
• Stolen, stripped and rebuilt
• Involved in a flood

There are state laws addressing these types of fraudulent car transactions. Private car resales may be considered “as is” purchases, but that does not allow the seller to break the law in the process.

Unfortunately, the easiest way to deal with a used lemon is to avoid buying one in the first place.

If you suspect your vehicle is a lemon, contact us using the form on the right and we’ll help you locate a lemon lawyer.