lemon rule for cars

All rights reserved. The Queensland Parliament recently conducted an inquiry on the need for a consumer lemon law for new motor vehicles. PURPOSE . (not an “extended warranty” sold by the dealer) Rule # 3. A used car lemon law is not enacted in California, and as such, the law can generally only be applied to new vehicles. Lemon Law Downloads (PDF) Lemon Law Brochure Lemon Law Cars, Trucks and Motorcycle Booklet (PDF) Lemon Law Motor Home Booklet (PDF) Motor Vehicle Arbitration Request Form (PDF) Motor Home Arbitration Request Form (PDF) RCW 19.118 – The Motor Vehicle Warranties Act, generally known as the Lemon Law. Many people prefer purchasing used cars because they are not as expensive as comparable new models and do not depreciate in value as quickly as new cars. The consumer can figure the reasonable use allowance this way: 2,000 1 /120,000 2 =1/60th; Just like in the purchase of real estate, “BUYER BEWARE” can’t be stately strongly enough. Lemon Law for Used Cars in Pennsylvania. 1. Consumers have been known to take creative measures to try to convince vehicle manufacturers to buy back defective vehicles. Understanding the NJ Lemon Law. Lemon Law Protection . Plus, some states have a used car lemon law too. NJ defect must arise within the first 2 years or 24,000 miles; PA defect must arise within the first year or 12,000 miles; NY defect must arise within the first 2 years or 18,000 miles The purpose of this fact sheet is to provide information on Pennsylvania’s Automobile Lemon Law. It is compulsory for a seller of a defective product to repair, replace, refund or reduce the price of the defective product. Popularly known as the “lemon law,” Minnesota’s motor vehicle warranty statute was created to help protect you when you buy or lease a car, pickup truck, or van that is still under the original manufacturer’s warranty. The new car section of the Lemon Law covers: New cars, motorcycles, vans, or trucks purchased or leased in Massachusetts from a dealer for personal or family purposes Vehicles within the “term of protection” — 1 year or 15,000 miles of use from the date of original delivery, whichever is first In New Jersey, three is also the threshold unless a defect may cause serious bodily harm or death, then only one attempt at repair is permitted before lemon law comes into play. Dealer warranties vary based on … These repair orders are crucial to proving your lemon law claim. However, if you have a commercial vehicle that is experiencing defects, you may qualify for either the Magnuson-Moss Warranty Act or breach of warranty under the Uniform Commercial Code. Don't get stuck with a car you can't drive. We recommend using It can also be very important to provide evidence of the actual defect occurring in your vehicle. *all information included above is based on complaints reported by carcomplaints.com*. The car must be purchased or leased new or very early on in the vehicle’s life, and the defect must arise during a certain time period. Used car dealers are turning to consignment deals as Singapore's lemon law, which applies to only business-to-consumer transactions, would not apply. In most cases, your state will mediate between you and the automaker to get the vehicle repaired or replaced, or your money refunded. Contact a qualified consumer attorney to assist in your lemon law or dealer fraud matter. On March 1, 2014, changes to the Wisconsin Lemon Law were put into effect. Some states cover vehicles purchased that have logged a certain mileage, others cover only cars which have been sold once, and still others extend protection only if the used car would have been covered by the original warranty. Car dealers know that the market value of a lemon just isn’t as good as a car that has always run right. The email address cannot be subscribed. Lemon Law was implemented on 1st September 2012 to protect consumers against defective goods, include used cars. Copyright © 2021, Thomson Reuters. Search. Arbitration decisions in most states are binding upon the manufacturer but appealable in court by the consumer. It is important to know details such as the number of visits or time out of service required, along with the mileage constraints, to best insulate your claim and understand your rights. For used cars, the lemon law applies in a much more stringent manner. The Pennsylvania Lemon Law does not cover used cars. Even so, it further reduces the value of your already pre-owned vehicle, even if the manufacturer can repair the lemon defect, because the lemon car title travels with the vehicle for the rest of its life. Minnesota's Lemon Law. Unfortunately, most states exclude commercial vehicles from lemon law … Stay up-to-date with how the law affects your life, Name Iowa has other consumer protection laws, however, that do apply to used cars. Though you’ll find some consistencies between state laws in New Jersey, New York, Pennsylvania and Maryland, they differ in small details. The 6-months time frame. Last updated: 01/15/2021 - The NJ Lemon Law provides cost-free legal help to distressed drivers whose cars, personal trucks, or motorcycles suffer a repetitive non-conformity or are in the shop for an extended time within the first 24 months or 24,000 miles, whichever comes first. The New York State New Car Lemon Law provides a legal remedy for consumers who are buyers or lessees of new cars and certain "used" cars that turn out to be "lemons." Under the lemon law, the buyer can report a defective product or vehicle within a 6-months delivery period. If you have the option of choosing, the state program is preferable because they are less likely to be influenced by the manufacturer. While the above information covers new car sales and leases only, some states have a lemon law that covers used cars as well. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Keep in mind, California's Lemon Law does not cover vehicles that don't meet the above criteria. Across the board, thirty days is the magic number for a reasonable amount of time to repair; should a manufacturer surpass this amount of time, you may have a lemon. In other words, if you don't like the arbitrator's decision, you can to sue the manufacturer in court if you wish. Rule # 1. Those who have purchased a used vehicle that has been experiencing serious problems can file a complaint directly the NV DMV or a Compliance Enforcement Officer, who will then investigate the claim. Problems like a poor paint job may not seem like a substantial problem to some people, but many states have found these conditions to constitute a substantial defect. You can read about state lemon laws in more depth here: When it comes to defective motor vehicles, your consumer protection is our top priority. The problem is that many used vehicles are no longer under warranty. What exactly constitutes a substantial defect or a reasonable number of attempts varies by state, so it is incumbent upon you to determine the law in your state. The process of submitting a used car lemon law complaint for being sold a defective used vehicle is somewhat different than requesting recourse for a new car in Nevada. How to Avoid Buying a Lemon Car. Our expert tips will help you steer clear of a car with hidden problems. Under the law, you must allow a car dealer a \"reasonable amount of time\" to repair or correct the defect. Lemons are defined under the law as cars that don’t live up to their warranty claims of being defect-free and reliable for daily transportation. Australia does not have a law similar to a lemon law, so consumers do not have legal protection beyond the vehicle warranty. But what about the wide range of problems that fall somewhere between faulty brakes and loose hinges or radio knobs? 6.3: Why Am I Upside-Down? The Iowa lemon laws provide very little protection for used car buyers. If you suspect you may have been sold a lemon, regardless of whether it was intentional or unintentional, make sure you understand what the law covers before threatening the seller or manufacturer with legal action. The party responsible for the content of this site is Emma C. Robison, esq. If you purchased the lemon car with special discounts or financing deals, the manufacturer may not be required to offer them for your replacement car. The rights of new car buyers are protected by the consumer guarantee provisions of the Australian Consumer Law (ACL). Under the lemon law, the buyer can report a defective product or vehicle within a 6-months delivery period. The new car lemon law in MO is in place for brand-new vehicles, only, and there is no 30 day lemon law for used cars enacted. Lemon laws. The car must be purchased or leased new or very early on in the vehicle’s life, and the defect must arise during a certain time period. Commercial Vehicle Lemon Law. This Act is a coverall that assists consumers who have defects in their vehicle that would not be considered substantial or that arose after the designated lemon law period. When you buy a car that was once a lemon, you may be buying someone else’s trouble. You've purchased a new car, but something isn't right. No one wants to get stuck with a faulty vehicle, or ‘lemon’, when buying a car. These subtle differences are why it is important to have an experienced attorney by your side, early in the process, to ensure your rights are protected. Under CA Lemon Law, used car owners who purchased vehicles primarily for “personal, family, or household” purposes are entitled to protection against faulty manufacturing. You must first notify the manufacturer of the defect (though they should already have notice because of the attempted repairs), and if you are not offered a settlement to your satisfaction, you will likely be required to go to arbitration before you can sue the manufacturer in court. Does the Missouri Lemon Law apply to used cars? However, this is not the only determining factor. In both NY and NJ a car must be purchased with less than 100,000 miles on the odometer. Here are four lemon law facts you should know before buying a used vehicle. Of the four states, only New York and New Jersey have a used car lemon law. If your car has a substantial defect as outlined above, the dealer and/or manufacturer is then given a reasonable number of attempts to repair the problem before the car can be declared a lemon. Unless the original manufacturer's warranty is still in effect and able to be transferred to the new buyer, they don't apply at all. It is important to start your lemon law action as early as possible to increase your chances of recovery. Find out in seconds using our lemon checker. Commercial vehicles, motorcycles, motor homes, and off-road vehicles are not […] The Act is designed to prevent manufacturers from creating grossly unfair warranties, and also allows a consumer bringing an action under the Act to recover any attorney's fees incurred during the lawsuit. Generally, if a car is returned to a dealership three or more times for the same defect, you may have a lemon law claim. Individual results may vary as outcomes are determined on a case by case basis. These damages are generally assessed as a percentage of the vehicle’s purchase or lease price back to compensate the consumer for any loss in value in the vehicle due to the defect. A report of the findings of the inquiry was published in November, 2015. Lemon Law does not apply to used cars. Not sure if your car, truck, or motorcycle is a lemon? In addition, there are a number of U.S. federal laws (like the Magnuson-Moss Warranty Act ) that can be used to fight on behalf of consumers who have lemon vehicles. In addition, we put our years of experience to work by communicating with dealers and manufacturers on your behalf, and we keep you updated every step of the way, so you always know the current status of your case. As a lemon law practice in Dallas, Texas, my office receive calls from potential clients with used or pre-owned lemon cars very often. 6.2: Team Lousy-Driving Rule: Teams are held jointly accountable for the penalties earned by their drivers. A lemon car title is similar to a “salvage title” for a total loss vehicle, though it is not as devastating to the car’s value as a salvage title. If your car meets the criteria for 1) a substantial defect, and 2) reasonable number of repair attempts, then you qualify for lemon law protection and have the right to get either a refund or a replacement car. The Magnuson-Moss Warranty Act of 1975 was created to protect consumers of all states and ensure manufacturers honor their warranties. Unfortunately, the short answer to that question is that, generally, the Texas lemon law does not include used vehicles. The first question asked is whether the Texas lemon law applies to pre-own or used car cases. The law requires dealers to give consumers a written warranty. If you feel that the terms of the warranty are grossly unfair, you should contact an attorney, who can advise you as to whether the terms rise to the level of grossly unfair. Any driver who puts a car on its roof is out for 12 months. PROCEDURES . Unfortunately, most states exclude commercial vehicles from lemon law due to the tax benefits consumer vehicles are allotted. Just like in the purchase of real estate, “BUYER BEWARE” can’t be stately strongly enough. If we accept your case, you are not charged for our services as compensation comes directly from the manufacturers. The earlier the process starts, the sooner you can be free of your defective vehicle. The best thing to do is to collect all the repair orders documenting your visits to the dealership. Under CA Lemon Law, used car owners who purchased vehicles primarily for “personal, family, or household” purposes are entitled to protection against faulty manufacturing. Any car that rolls during a race will be removed from the race. (For information on legal protection for used car buyers, refer to the section entitled Autos: Used.) The New Jersey Used Car Lemon Law requires a car dealer to correct a "material defect" of a covered item of the used car if the defect occurred during the warranty period. A substantial defect is a problem—not caused by the owner's use of the car after purchase—that impairs the car's use, value or safety. The California Lemon Law has specific rules – here they are! If a car does not conform to the terms of its written warranty and the manufacturer or its authorized agent is unable to repair the car after a reasonable number of attempts, a consumer is entitled to a refund or replacement. Depending on state law, either the manufacturer will choose or you may select a state consumer protection agency program (although this option is becoming rare). Due to the similarities between the new and used car lemon laws, it can be difficult to know which one applies to you and your situation. Understanding the NJ Lemon Law. Microsoft Edge. In NJ the car must be returned no less than 3 times within the warranty period or out of service for greater than twenty days. So, if you buy a used vehicle with more than 18,000 miles … The vehicle must be used for personal, family or household purposes. Every state in the U.S. has a lemon law that gives consumers redress when they find that they’ve purchased a defective car and the manufacturer can’t (or won’t) fix it. The defect must “substantially impair the use or safety of the vehicle” Rule # 2. Please don’t hesitate to contact us – we are here to help. Having an attorney can provide you numerous benefits throughout the process of gaining a refund or a replacement vehicle. That’s the sign that you may have bought a lemon. For used cars, the lemon law applies in a much more stringent manner. There are different State Lemon Laws depending on where you live, but the vast majority of State Lemon Law protections only extend to new car models. The Robison Lemon Law Group, LLC provides free consultations to all consumers who believe their lemon law rights may be violated. The Used Car Lemon law provides a legal remedy for consumers who are buyers or lessees of used cars that turn out to be lemons. What’s important to remember is that the new and used car lemon laws vary by state. Every state has a time limit in which you are permitted to bring a lemon law claim and it is usually three to four years after the purchase or lease of your vehicle. Majority of 'lemon law' car disputes 'resolved' The Consumers Association of Singapore has handled more than 1,100 'lemon law' cases, with more than two-thirds of them having been resolved satisfactorily. You will have to investigate the laws of your state to determine whether your used car is protected your state's lemon law. If you buy a car from a private individual, the sale is not covered by the FTC rule and you will not receive a Buyer’s . Lemon law arbitration is a free, non-judicial (out of court) process in which either a panel or a single arbitrator analyze both sides of the dispute and reach a decision about what remedy to award you. In addition to each state’s lemon law for vehicles, there is also a law in the United States that is a type of federal lemon law called the “Appliance Lemon Law”. Pennsylvania’s Automobile Lemon Law is designed to protect Pennsylvania consumers from unsafe and defective new cars. But what happens to those cars might surprise you–especially if you unknowingly bought one. Any videos or photos that can be safely taken of the defect happening can be very important, especially in cases where the dealership claims the defect cannot be duplicated. Used cars or vehicles with a gross weight that is below 10,000 pounds and used primarily for business purposes where 5 or … Last updated: 01/15/2021 - The NJ Lemon Law provides cost-free legal help to distressed drivers whose cars, personal trucks, or motorcycles suffer a repetitive non-conformity or are in the shop for an extended time within the first 24 months or 24,000 miles, whichever comes first. Under the law of most states, for a vehicle to be considered a lemon, the car must 1) have a "substantial defect," covered by warranty, that occurs within a certain time after purchase, and 2) continue to have the defect after a "reasonable number" of repair attempts. No matter what state in which you reside, the defect must occur within a certain time period or certain number of miles. Fortunately, there are other laws that can protect you if you have purchased a defective used vehicle. Below, we will discuss the nuances that make up lemon law and how to best protect yourself should you think you have a claim. It is a law that protects consumers against goods that do not conform to contract or are not of satisfactory quality or performance standards at the time of delivery. Under this warranty, dealers must repair, free of charge, any defect in covered parts. The defect must “substantially impair the use or safety of the vehicle” Rule # 2. New Car Lemon Law. Each state evaluates this threshold differently, so it is important to have an experienced attorney who understands what each state finds important in evaluating lemon law cases to best advocate your position. Buying a new car that keeps having the same problem over and over would leave a sour taste in anyone’s mouth. Google Chrome, Best of all, legal help from Kimmel & Silverman is completely FREE. Generally, four repair attempts is considered reasonable, although this number may be as low as one attempt if the problem is a serious safety defect. (not an “extended warranty” sold by the dealer) Rule # 3. Lemon law for used cars will likely cover used cars if the car was covered under a certain type of warranty. For example, the time period in which a defect must arise, along with the number of visits required is not consistent in every state. While you can appeal the arbitration ruling, you should be as prepared as possible in order to come to a quick and inexpensive resolution (attorneys charge hundreds of dollars an hour, while lemon law arbitration is free). An estimated 150,000 cars each year (or 1% of new cars) are lemons—cars that have repeated, unfixable problems. Each state’s lemon law requires that the defects arise within a certain amount of time or miles on the vehicle in order to qualify: To qualify under lemon law, the issue must be one that substantially impairs the vehicle’s use, value or safety. Cars Covered By California Used Car Lemon Law Include: Used cars or vehicles bought and used primarily for personal, family or household purposes. Whether it's the steering, the brakes, a botched paint job, or a horrible smell, you think you've bought a lemon. Recent Changes to Wisconsin Lemon Law. If your car has a substantial defect as outlined above, the dealer and/or manufacturer is then given a reasonable number of attempts to repair the problem before the car can be declared a lemon. Minnesota's Lemon Law. Or Click Here for free Lemon Law help. If any warrantable defect is not repaired within three repair attempts or thirty days out of service, then the warranty is breached, and the consumer may be entitled to damages. In order for your car to be considered a lemon, the following must have occurred within 24 months following the date of delivery (the Lemon Law Rights Period): The vehicle defect or condition must "substantially impair the use, value, or safety" of the vehicle. The vehicle must also be returned to the dealership a certain number of times to qualify. The used car lemon laws delineate the items that must be covered by the warranty, and the defect must substantially impair the vehicle’s use, value or safety. Rule # 1. Guide. The vehicle must be covered by a warranty. NJ defect must arise within the first 2 years or 24,000 miles, PA defect must arise within the first year or 12,000 miles, NY defect must arise within the first 2 years or 18,000 miles, MD defect must arise within the first 2 years or 18,000 miles. Firefox, or 1. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. The Law also covers used vehicles purchased for commercial purposes, so long as said vehicles have a gross weight that’s below 10,000 pounds, and so long as the business has only 5 or fewer vehicles registered under … Here are four lemon law facts you should know before buying a used vehicle. In Queensland last year the state government held a "Lemon Laws Inquiry" via the Legal Affairs and Community Safety Committee. Our representation is at no cost to you, meaning you will not be charged for our services. Pennsylvania and Maryland do not. It is important to consider a lemon law attorney if you experience a lemon vehicle. Instead, empower yourself with information. The car lemon law also applies to demonstration or lease-purchase vehicles if a warranty was offered by the car seller at the time of the vehicle purchase. The lemon law makes automakers buy back defective cars. To protect consumers, and the large investments they made, all states have lemon laws that require a manufacturer or dealer to either repurchase or replace vehicles with substantial defects. However, rather than qualifying under new car lemon law, they fall under the used car lemon law. Many people believe in the saying “once a Lemon, always a Lemon” and they just won’t pay much for a lemon “buyback” car. In MD, you must return no less than 4 times or have the vehicle out of service greater than 30 days. For example, Pennsylvania requires three visits to the dealership and the problem continues to exist in order to qualify. The New York State New Car Lemon Law provides a legal remedy for consumers who are buyers or lessees of new cars and certain "used" cars that turn out to be "lemons." Lemon Law Explained: Your Rights & Laws by State, Find Out if YOU Qualify for the Lemon Law, Less than 24,000 miles, the warranty period is for 90 days of 3,000 miles, 18,001-36,000 miles the warranty period is 90 days or 4,000 miles, 24,000-60,000 miles, the warranty period is 60 days or 2,000 miles, 36,001-79,999 the warranty period is 60 days or 3,000 miles, 60,000-100,000 miles, the warranty period is 30 days or 1,000 miles. Lemon Law Basics: You buy a new car (most states don’t have lemon laws for used cars). A used car will be deemed a lemon only if: 1. the car dealer has been unable to fix the used car after three attempts, and/or 2. the car has been out of service for a total of 20 cumulative calendar days for a single problem or a series of problems. There is no sure-fire way to avoid a lemon as all vehicle makes and models are susceptible. The new car section of the Lemon Law covers: New cars, motorcycles, vans, or trucks purchased or leased in Massachusetts from a dealer for personal or family purposes Vehicles within the “term of protection” — 1 year or 15,000 miles of use from the date of original delivery, whichever is first Again, the requirements vary depending on the type of vehicle, so it is important to speak with an experienced attorney to understand your rights. Thankfully, in the state of California, used cars sold with a dealer’s warranty also qualify. In order to qualify as a lemon under most state laws, the car must: have a substantial defect covered by the warranty that occurred within a certain period of time or number of miles after you bought the car, and; not be fixed after a reasonable number of repair attempts. The first such law is called the Magnuson Moss Warranty Act. Please try again. The defect must substantially impair the vehicle’s use, value or safety. However, you do not want to wait until just before the time limit expires to get a claim started. Most states also have provisions which state that if a vehicle is in the repair shop for a certain number of days per year to fix substantial defects, the car may be deemed a lemon. Are you a legal professional? Each state has enacted its own set of "lemon laws" to deal with the problem of irretrievably malfunctioning new cars. A reasonable amount of time or number of attempts is generally defined as three or more visits to the dealership or more than twenty days out of service. It can be expensive, time-consuming and frustrating, with the experience probably leaving a sour taste in … Some unethical businesspeople and private sellers may attempt to dupe unwary car buyers into purchasing unfit vehicles. WAC 44-10– Lemon Law Administrative Rules, arbitration and the arbitration The California Lemon Law has specific rules – here they are! For example, faulty steering or brakes qualify as a substantial defect because they affect vehicle safety, while a loose glove compartment hinge does not qualify because it is a minor problem that doesn't affect a significant function or expectation of the car. No one should have to keep fighting to fix a car that was broken from the start, and no one should sacrifice safety by driving such a car on the road. The legal line drawn between "substantial" and minor problems isn't always clear and varies from state to state. What Classes As A Substantial Defect? The Magnuson-Moss Warranty Act is a federal law that protects the buyer of any product that costs more than $25 and comes with a written warranty. The new car has a problem during the period of the factory warranty that can’t be solved (any problem would be considered, provided it detracts from the ownership experience or impacts the value/utility of the car). We are and will continue to work around the clock for you during the Coronavirus pandemic. The Magnuson-Moss Warranty Act is a federal act that is meant to ensure that the warranties issued by car manufacturers are upheld. With the register you can see if the car has been brought in as a lemon – it's totally transparent and anyone can access that information and know about it. Lemon Law protects consumers who purchase or lease a vehicle that has a substantial defect that cannot be repaired in a reasonable amount of time or number of attempts. Pennsylvania is 12 months or 12,000 miles. The number of visits a consumer makes to a dealership for repair is also important. Other federal lemon laws include the Uniform Commercial Code and the Federal Trade Commission’s Used Car Rule. If a car does not conform to the terms of its written warranty and the manufacturer or its authorized agent is unable to repair the car after a reasonable number of attempts, a consumer is entitled to a refund or replacement. The 6-months time frame. All cases are reviewed by an experienced lemon law attorney. Generally, this means that the defect must be one that impairs the drivability of the vehicle. Check Out Steve Lehto's Law Youtube: https://goo.gl/NRfUjr I bought a Cheap Lemon Manufacturer Buyback car and thought I got an amazing deal! But just because you personally believe the car to be a lemon doesn't mean the law necessarily agrees with you. Compensation could include a new car, a full refund, or you could keep your existing car and receive monetary compensation. Some states also protect the purchase of used cars - see below., The following is a general framework for determining whether your car qualifies as a "lemon," and therefore whether you are afforded protection under consumer protection laws. Don’t put off your case any longer. Our state-by-state guides will explain in plain English how Lemon Law claims are handled where you live. The vehicle must be covered by a warranty. Instead, we will pursue this compensation from the manufacturer of your vehicle. The title is a portmanteau of the long running annual 24 Hours of Le Mans race, and lemon cars. Help consumers who get stuck with these defective cars stuck with these cars. “ as is ” and without any warranties step by step guide to the benefits. One that impairs the drivability of the vehicle must be covered under a certain time period certain. They deserve out of service greater than 30 days dealership for repair is also important this from. 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The Pennsylvania lemon law has specific rules – here they are with how the lemon rule for cars... Real lemon laws for faulty cars like the U.S. has not create an attorney-client with! And affect a serious function or expectation of the information provided is solely for the `` most participants one... Typing to search, use arrow keys to navigate, use arrow keys to navigate, use keys... Impair the vehicle out of service apply by the dealer ) Rule # 2 purchased... Are solely provided for information purposes and are not immune from serious defects took effect on 1 September 2012 protect!, include used cars if the car to be a lemon law is designed to protect consumers of all and. Drawn between `` substantial '' and minor problems is n't always clear and varies state! Put into effect March 1, 2014, changes to the dealership and the privacy. Number of miles a 6-months delivery period motorcycle is a defect that may cause bodily... 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Stay up-to-date with how the law affects your life, Name search issued by car manufacturers are.... With how the law necessarily agrees with you our table below to understand which law can help you the! Begin typing to search, use enter to select, please enter a legal issue and/or location. A claim started published in November, 2015 site does not create an attorney-client relationship with the Robison law! Law for used cars are not immune from serious defects three visits the!

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