How can you Remedy the Lemon used car you purchased - Indiana Lemon Laws

Buying a used car is a huge financial alternative if the deal is good. But there always is an apprehension of landing a lemon in pursuit of a used car. Fortunately when it comes to the consumers shopping for used car in Indiana they are entitled some protection under the Indiana lemon law for their used car purchase.

Implied warranty - the Fitness of Purpose
The Indiana Uniform Commercial Code under Indiana law any product sold has an implied warranty attached to it. An implied warranty is a legal concept mandating a seller to sell a product that works as advertised.

In terms of used cars, this means the used car
• That is fundamentally sound must be sold by the seller
• Must function for the purpose for which you bought it

If the used car fails you in discharging its duty by not fulfilling the purpose of your buy, you may be entitled to return the vehicle to the seller.

The Implied Warranty of Merchantability
Under Indiana law, the implied warranty of merchantability dictates that
• The vehicle shall function properly as advertised, given its age, condition or mileage
• Free from material defects that affect its use or safety
• Must be in working condition with no major mechanical or safety defects

If the used car you purchased is not working as promised, the dealer may be in breach of the implied warranty of merchantability and you may be entitled to the cost of repairs from the dealer.

Federal Law - The Magnuson-Moss Warranty Act
If you are in Indiana or any other state, your used car purchase is protected by the federal Magnuson-Moss Warranty Act also.
Under federal Magnuson-Moss Warranty Act all
• Manufacturer warranties - express or implied, must be honored by the seller of a vehicle
• The warranties to be valid they must be written
• Written warranties cannot circumvent the basic implied warranty of merchantability

A dealer must honor the Indiana implied warranty under Indiana law and federal law.

Lemon Law - Manufacturer warranty
• If the used car you purchased is still covered by the original manufacturer warranty, you may have protection of Indiana's Lemon Law
• If it 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 the Implied Warranty
In Indiana, as in most states, sellers of used vehicles can get around the implied warranty by selling the car "as is".

• In order for a car to be sold "as is", it must be clearly mentioned
• "As is" does not mean the seller can misrepresent the condition of the vehicle
• If the seller informs you the engine is in good working condition, and it turns out to have a blown head gasket, you may still be entitled to sue the seller for the cost of repairs
• In Indiana implied warranties do not apply to private sellers, as sellers in the classifieds
• All vehicles purchased from private sellers are typically presumed to be "as is"

Remedies for the Lemon used car you purchased

If you have purchased a used car in Indiana and you feel it does not meet the terms of an implied warranty, you may be able to sue the seller
• In an Indiana court depending on the price of the vehicle you may want to sue in small claims court
• For a breach of an implied warranty you should be able to show that the vehicle was faulty at the time of purchase
• For an "as is" purchase you should be able to prove that the seller knowingly and materially misrepresented the condition of the vehicle

Learn about the implied warranty laws in Indiana before buying a used car to ensure that you get the right used car without problems.