Minnesota Used Car Warranty Laws

The dealer may offer you a refund or replacement for your car if the problem persists or cannot be resolved. The refund must include all fees, charges and taxes you paid for the vehicle. The only way for a merchant to refuse a refund is if you caused the defect through negligence, such as a lack of maintenance or a collision. Otherwise, you have the right to request repairs, replacements or refunds. You can take legal action against the merchant if he does not comply with his obligations. For a legal action to be valid, you must file it within one year of the expiration of the warranty. You deserve to exercise your rights under the lemon law, and the merchant must comply. If required by the manufacturer, consumers must first go through the manufacturer`s arbitration program before filing a lawsuit under the Lemon Act. You may not have to wait until all the criteria of the lemon law are met before going through arbitration, but you may have a stronger case if all the criteria are met. If you think you need to take legal action under lemon law to get a refund or a replacement vehicle, you should consult a lawyer (you may be entitled to recover attorney`s fees if you win). The law allows you to take legal action at any time within three years of the original delivery date of the vehicle if you reported the defect within the warranty period or within two years, whichever comes first.

Starting in April 1995, if you go through a supplier arbitration program, you have six months to appeal to the courts. The company has only 30 days to appeal to the courts. Popularly known as the “Lemon Law,” the Minnesota Auto Warranty Statue was created to protect you when you buy or lease a car, pickup truck or van that is still under the original manufacturer`s warranty. The law is not intended to eliminate all the problems you will encounter with your vehicle. What it does is make sure manufacturers follow the time and mileage rules of their written warranties. And it includes special arbitration, reimbursement and replacement provisions for vehicles that are considered real “lemons.” (a) Any used motor vehicle sold by a dealer is covered by an express warranty given by the dealer to the consumer; The express warranty applies at least to the following conditions: (c) By complying with the terms of the express warranty by repairing or replacing a covered part, Dealer does not create an additional implied warranty for any part of the used motor vehicle. (a) According to § 325G.19, paragraph 2, any express warranty related to the sale of a used motor vehicle must be respected by the dealer in accordance with the terms of the express warranty. The manufacturer may require you to first go through the arbitration program before filing a claim under the Lemon Act. Check with the manufacturer or the consumer division of the Minnesota Attorney General if you have questions about a manufacturer`s arbitration program. When purchasing a used motor vehicle, a consumer may waive the express warranty for a covered part if: (a) the term “consumer” does not mean, for the purposes of resale, the purchaser of a used motor vehicle used primarily for personal, family or household purposes. (2) the dealer knows or ought to know that the vehicle has been repurchased from the vehicle manufacturer or dealer in accordance with state or federal warranty laws; From the information you have provided, it seems to me that you are probably stuck with the car you bought. For more information about Minnesota auto laws, see Section 325F.665 of the Minnesota Act.

You can also obtain information from the Minnesota Attorney General`s Office in www.ag.state.mn.us/Consumer/Auto/Default.asp by calling them at 1-800-657-3787 or by writing to 1400 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101. (h) The terms of the express warranty, including the duration of the warranty and the parts covered, must be provided by the dealer in their entirety, accurate and clearly visible on the front of the buyer`s guide. You must have purchased the car from a used car dealership to get the repairs. The lemon law also applies to your car if you purchased it from an unauthorized dealer who did not provide you with written warranty documents. If you bought the car from a friend or family member, you will not be able to request the repairs. I just bought a car from a private party. Things worked out well and I love the car.

However, 2 days ago he started behaving strangely, and I don`t want the car anymore. The seller refused to take back the car. Isn`t there a 3-day “cooling law” where I can return the car and get my money back? By selling or offering to sell a used motor vehicle and providing the express warranty required by this section, a dealer must comply in all respects with the Federal Trade Commission`s Used Motor Vehicle Trade Regulation Rule, Title 16, Part 455. In all cases, the initial defect must occur within the warranty period or within two years, whichever comes first, but the manufacturer`s repair attempts may extend to the end of the third year. Even if you fit one of the above categories, you can still have a lemon law, but it will be harder to prove. If your car is having problems, you should first check if you bought it with a warranty. Sometimes car sellers do not include the warranty in the sale, in which case you cannot request the repairs. However, if this is the case, the manufacturer must fix the problem if you report the defect during your vehicle`s warranty period. If you make a claim after the warranty expires, the manufacturer may refuse repairs.

The length of your warranty and the auto parts covered depend on your car`s mileage at the time of your purchase: Minnesota`s Lemon Act applies to new and lightly used vehicles, including pickup trucks and vans. This law protects car buyers by making the car dealership responsible for giving them a refund or replacement if the car they purchased has a persistent defect that affects its use. Used car owners can also claim compensation while their vehicle is still under the original manufacturer`s warranty. In addition, the owner of the car must have used it for personal purposes at least 40% of the time. The Minnesota Lemon Act applies to new motor vehicles purchased or leased in Minnesota. It also applies to used vehicles that are still under the original manufacturer`s warranty. These cars must be used for personal, family or household purposes at least 40% of the time. (Leased vehicles are covered by law if the lease term is longer than four months.) If a dealer does not provide the express warranty required in this section, the dealer will always be deemed to have given the express warranty by law.

(d) `second-hand motor vehicle` means any motor vehicle driven for a use greater than the restriction necessary to move or test a new motor vehicle on the road before it is delivered to the consumer. This term does not include a new motor vehicle sold by a dealer who holds a franchise for the sale of the vehicle, if the vehicle was driven for demonstration purposes using licence plates and if, at the time of sale, it contained an express manufacturer`s warranty offering at least as broad coverage in terms of components covered and duration, as required in this section. (b) After repair or replacement of a Covered Part, Dealer remains responsible for an additional warranty period under the express warranty for that Covered Part. The first notification of a defect must be made within the warranty period or within two years, whichever comes first. However, if you continue to have problems with the same defect, you can still make a claim until the end of the third year. You may have heard of the “Lemons Act,” Minnesota`s auto warranty law that protects you when you buy or lease a new vehicle that is still under the original manufacturer`s warranty. Since you bought the car from a private party, I assume the car is not new. If it is not new, it does not fall under the “lemon law”. However, if the used car is still under the warranty of the original manufacturer, lemon law may apply. The law helps you enforce the manufacturer`s written warranties. It usually doesn`t allow you to return the car without going through a reporting process to the manufacturer and letting the manufacturer try to fix the issues. If it cannot be repaired, it is considered a “lemon” and a refund or replacement of the car may be allowed.

The manufacturer or its authorized dealer must repair an engine in accordance with the terms of the warranty, even after the manufacturer`s warranty has expired, if: A private civil action brought by a consumer under this Section in respect of a warranty claim must be commenced within one year of the expiration of the express warranty.