I am getting ready to purchase a new car for our family. We’re deciding whether to buy new or used. Is there a difference between consumer laws protecting us whether we buy a new or used car?
Dear Kansas Consumer,
Whether you are looking for a new or used car, buying a car is one of the most involved and expensive purchases you can make. Most consumers shop around for a good deal, but it’s also important to research the vehicle's history before making such a major purchase.
There are a few differences in the laws that protect the purchase of new and used cars. For instance, the Kansas Lemon Law protects consumers who buy or lease a new motor vehicle (under 12,000 pounds) found to have significant irreparable defects during the warranty period.
If you suspect your new car is a lemon, there are a few things I recommend:
- Immediately notify the dealer and detail your concerns in writing. Follow up with the owner, general manager or new vehicle sales manager.
- Get and keep copies of all correspondence, the repair orders listing the problems, the work done and the dates that the car was in the shop.
- Contact the manufacturer by registered mail to report the problem during the warranty period. Your owner’s manual will list an address for the manufacturer.
- Follow any procedure required by the manufacturer to file a Lemon Law complaint.
If the manufacturer or authorized dealer is unable to repair the condition after a reasonable number of attempts, then you may be entitled to a replacement vehicle of equal value or a refund of the full purchase price (minus usage costs).
If you are buying a used car, there are several ways you can improve your chances of getting a fair deal:
- Ask your friends to recommend a dealer. When buying from an individual, make sure they are the owner by checking the title.
- Check the warranty. If a manufacturer’s warranty is still in effect, contact the manufacturer to make sure you can use the coverage.
- Ask to inspect the car’s title. Pay attention to the mileage.
- Research the vehicle’s history by visiting www.carfax.com or www.autocheck.com.
- Always have your own mechanic and/or body shop inspect a used car before you purchase it. Attempt to contact the previous owner if possible.
- If you make a deposit on a vehicle, ask whether the money is refundable and under what circumstances. Make sure to get this information in writing and in your contract.
- Take a test drive covering different speeds, types of traffic and turns.
- Beware of “curbstoners” (unlicensed dealers who pass themselves off as private sellers) and auctions, where you might not get all the information you need to make an informed decision.
My Consumer Protection Division works every day to protect Kansans and safeguard their rights as consumers. If you have questions or complaints about purchasing a car, contact us at 1-800-432-2310.
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