What are my rights? Lemon laws

[Sam_i_am]

Jurisdiction

Massachusetts

I bought a used 2015 Kia Forte LX from a Toyota dealership on 11/12/2020 with 80365 miles on the odometer.

By early February of 2021 I began having stalling issues with my car. I brought it to a local repair shop (one that I trust) on 02/25/2021. They cleaned out the emissions and noted the rattling sound in the engine. He told me there wasn't much more to be done as the check engine light doesn't come on and he got nothing from his OBD2 reading. The odometer read 82480.

Unfortunately, the problem persisted. It felt like for a couple weeks everything was better but it started acting up again pretty quickly. I continued driving it waiting to get a check engine light so I could bring it in and he could figure out what was wrong with it. I also took more notes on what was happening and when exactly did it seem to stall.

Finally, it got bad enough that I brought it in on 05/20/2021 for another check up at the same local dealer. After going through everything (nothing on the OBD2 reading, oil levels ok, battery fine, etc.) he determined that I had an issue with my CVVT gears. Now that's an internal engine problem and the cost to fix it is about 1/4-1/2 of what I paid for my car. The odometer at this time reads 83714.

I paid for the car in cash so I have no loan or anything on it. I didn't buy any extended warranties (I thought those things were a scam? Maybe in my case they weren't lol.) I have only the limited warranty that comes with all used car purchases in MA.

So to sum it up, I have a car that is unsafe to drive that I bought around 7 months ago and have only put 3000 miles on it (I'm a gentle driver). Do I have a lemon? And if so, can I pursue legal action/ what course of action do you think I should take?

Thanks in advance for all the help!

 

[PayrollHRGuy]

Under MA law since your car had >80K miles when you purchased it you have 30 days or 1,250 miles warranty.

Other than that you are on your own.

 

[Zigner]

(I thought those things were a scam? Maybe in my case they weren't lol.)

They are not (necessarily) a scam, but they are always a gamble. I purchased a service plan for my RV when I bought it new and I never used it. I lost on that gamble. Several years ago, I bought a service plan on a used vehicle and, within a year, I had to have major work done on the car that more than paid for the plan.

 

[zddoodah]

I bought a used 2015 Kia Forte LX from a Toyota dealership on 11/12/2020 with 80365 miles on the odometer.

FYI, lemon laws typically only apply to new cars.

I have only the limited warranty that comes with all used car purchases in MA.

Great. What are the terms of that warranty?

the cost to fix it is about 1/4-1/2 of what I paid for my car.

So...somewhere in the $2-5k range, right?

I didn't buy any extended warranties (I thought those things were a scam?

It's no different than buying insurance. Maybe you've paid $1,000 per year for your auto insurance over the past 20 years and have had no claims. Putting aside the fact that you're legally required to have auto liability coverage, that's $20k flushed down the toilet, right? But if you ever get a claim, you'll be damn glad you have it. Extended warranties are about the same.

can I pursue legal action/ what course of action do you think I should take?

You can sue (in small claims court), but you've not provided enough information for anyone to speculate about your chances of success. That said, you're likely limited to whatever the warranty provides.

The moral of the story: ALWAYS have used cars checked out by an independent mechanic before buying or within any applicable cooling off/warranty period.

 

[Zigner]

FYI, lemon laws typically only apply to new cars.

Not true in MA: Lemon Laws

Many other states also have used-car lemon laws (albeit, not necessarily under that specific moniker).

 

[Tax Counsel]

I paid for the car in cash so I have no loan or anything on it. I didn't buy any extended warranties (I thought those things were a scam? Maybe in my case they weren't lol.) I have only the limited warranty that comes with all used car purchases in MA.

Then you are out of luck. MA law only requires that the dealer provide you a 30 day warranty given the mileage on your car when you bought it. Your problems did not start until after that 30 day period ran out. Moreover, with the warranty you need to return the car to the dealer that sold you the car, not go to some independent shop.

 

[Sam_i_am]

Well, thank you all for the information! It is unfortunate news, but I'm glad I checked just to make sure I wasn't missing anything. I am very pleasantly surprised at how many timely and helpful replies were offered. This is an amazing forum!