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I purchased a 2003 car car form a dealer in Dec. 2005. I ...

Sent to Legal Experts November 28 10:05 AM

I purchased a 2003 car car form a dealer in Dec. 2005. I just listed it for sale at cars.com and included a carfax history report where I discovered the car was a buyback/lemon the dealer had purchased at auction prior to selling it to me. This was not disclosed to me when I bought the car. This will make the car impossible to sell. What can I do?

 

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Oviedo, Florida

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November 28 10:16 AM (10 minutes and 58 seconds later)
         
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Daniel Crouse,

The Florida Lemon Law is found in section 681 of the state code. Section 681.114 (as seen below) has the details on resale of a Lemon vehicle.

681.114 Resale of returned vehicles.

    (1) A manufacturer who accepts the return of a motor vehicle by reason of a settlement, determination, or decision pursuant to this chapter shall notify the department and report the vehicle identification number of that motor vehicle within 10 days after such acceptance, transfer, or disposal of the vehicle, whichever occurs later.

    (2) A person shall not knowingly lease, sell at wholesale or retail, or transfer a title to a motor vehicle returned by reason of a settlement, determination, or decision pursuant to this chapter or similar statute of another state unless the nature of the nonconformity is clearly and conspicuously disclosed to the prospective transferee, lessee, or buyer, and the manufacturer warrants to correct such nonconformity for a term of 1 year or 12,000 miles, whichever occurs first. The Department of Legal Affairs shall prescribe by rule the form, content, and procedure pertaining to such disclosure statement.

    (3) As used in this section, the term "settlement" means an agreement entered into between a manufacturer and consumer that occurs after a dispute is submitted to a procedure or program or is approved for arbitration before the board.

As you can see by part 2 the Florida Lemon law appears to guarantee that the seller must disclose the fact that this is a Lemon if that seller is aware of this fact. If you purchased the car from a dealer it is almost certain that they would have known about that fact. I would suggest contacting the dealer and asking to speak with a member of management about this issue immediately.

If they claim that the law doesn't apply for some reason request that they provide you with proof that it doesn't apply. If they can't provide you proof to your satisfaction I would suggest seeking an attorney to help you possibly seek a lawsuit for monetary damages.


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