Legal Remedies for Owners of Used Cars
Cars and personal motor vehicles are a necessity in Tennessee and elsewhere in the United States. We use them for transportation to work, to school, to the grocery store, to doctor visits, to sporting events, to church services, and more. Often, individuals purchase used cars and vehicles, which too often are riddled with serious problems, making them unreliable, unsafe, not drivable, or needing expensive repairs. In common parlance, these cars and vehicles are often dubbed “lemons.”
When a used car is not drivable or is too costly to repair but payments are still owed, the owners are hurt and squeezed.
While Tennessee has a Lemon Law, it only protects the owners of new cars and motor vehicles, not owners of used cars and vehicles. In fact, under Tennessee law, used cars are not afforded the protection of Tennessee’s Lemon Law. The law, however, still provides owners of used vehicles with redresses and remedies, including the Consumer Protection Act (CPA), breach of warranty, and misrepresentation.
The Consumer Protection Act protects consumers and provides them with powerful legal remedies. If the car dealer or seller misrepresents a material fact about a used car or omits a material fact, the car seller faces liability under the CPA and perhaps for misrepresentation under tort law as well. The CPA also provides for triple damages and payment of attorney’s fees if the seller knowingly lies about the used vehicle or fails to state an important fact about a vehicle.
Consumers also may have remedies for breach of warranty. A breach of warranty is a seller’s failure to honor the terms and conditions of a promise or claim he or she made to a consumer regarding the kind or quality of a used vehicle. Even when sellers write “as is,” the law still may impose certain warranties on them.
If you find yourself with a used car or motor vehicle that does not live up to the promises made by the dealer, our firm can help. Do not suffer and let the car seller stick you with it. Talk to us. You have rights. To learn more, contact Nashville Lemon Law Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.