DC Lemon Laws
Like other state level governments, DC law provides some protection where a car turns out to be a “lemon.” So, if you purchased a new car from a dealer with problems that can’t be fixed, even after many tries, you may have a remedy. In the District of Columbia, any of these situations may be the basis for a remedy:
- Four unsuccessful repairs, or
- 30 calendar days out of service, or
- one unsuccessful repair of a safety-related defect within two years or 18,000 miles of its original purchase.
In each situation each defect must be promptly reported to the manufacturer or dealer, and you must have proof of the notice.
There are also protections in the law that apply to used vehicles.
Advice of a lawyer is important, including, where appropriate, free advice from the DC Bar’s Pro Bono Clinics
The web site of the DC Attorney General publishes the current Lemon Law at http://dc.gov/DC/Government/Data+&+Transparency/Consumer+Protection/Consumer+Information+101/Automobile+Consumer+Protection+Act+-+Lemon+Law
Like other state level governments, DC law provides some protection where a car turns out to be a “lemon.” So, if you purchased a new car from a dealer with problems that can’t be fixed, even after many tries, you may have a remedy. In the District of Columbia, any of these situations may be the basis for a remedy:
- Four unsuccessful repairs, or
- 30 calendar days out of service, or
- one unsuccessful repair of a safety-related defect within two years or 18,000 miles of its original purchase.
In each situation each defect must be promptly reported to the manufacturer or dealer, and you must have proof of the notice.
There are also protections in the law that apply to used vehicles.
Advice of a lawyer is important, including, where appropriate, free advice from the DC Bar’s Pro Bono Clinics
The web site of the DC Attorney General publishes the current Lemon Law at http://dc.gov/DC/Government/Data+&+Transparency/Consumer+Protection/Consumer+Information+101/Automobile+Consumer+Protection+Act+-+Lemon+Law
Protect yourself when purchasing a used car:
USED CAR PURCHASE CHECKLIST
• Do research on who is a reliable dealer. Ask friends and relatives for recommendations.
• Pre-determine exactly how much you can afford to spend, and do not allow the dealership to talk you into a higher-priced vehicle.
• Is the car still under a manufacturer’s warranty? If not, factor repair costs into your budget.
• Take your time to read and understand the entire written agreement before signing. Be sure that all blank spaces are filled in and that all of the salesperson’s verbal promises are included. Be sure that the terms of any warranty that comes with the car are spelled out.
• Research and compare the price of the car to other similar cars you may be interested in.
• Discuss trade-ins only after you’ve negotiated the best possible price of the new car and after you’ve researched the value of your old car.
• Test-drive the car on the highway, city streets, and in stop-and-go traffic.
• Ask to inspect the car’s title. Pay attention to the mileage.
• Before purchasing, obtain the vehicle identification number (VIN) and research the vehicle’s history with one of the various title data/history services available (e.g. Carfax, AutoCheck, etc.). Such services may reveal prior odometer or salvage/rebuild issues that can affect the vehicle’s value, safety and reliability.
• Always have your own mechanic and/or body shop inspect a used car before you purchase it, and 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 that this information is in writing and on your contract.
WHAT TO KNOW ABOUT FINANCING
You have the choice of financing your car over time or paying in full. If you decide to finance the car, make sure you understand the terms of the loan.
• Know the exact price of the car, the amount being financed, and the total finance charge.
• Research low interest rate loans from your own bank or credit union, and compare your findings with the dealer’s offer.
• Make sure there are no unusual terms in the loan agreement, such as large balloon payments, a larger than usual down payment or requirements that you give back any rebates or incentives to the dealer, any of which will effectively increase the total purchase price of the vehicle. Get the advice of a lawyer if you can.
• Research your options on prices and financing to help you make an informed and educated decision. Doing so will help youavoid the aggravation of having to resolve problems with the dealer.
WHEN YOU SHOULD EXPECT TO RECEIVE THE TITLE
A title is an important part of your car purchase. At the time of purchase, you should confirm the location and possession of the title, and when you will get it.
BEWARE OF ODOMETER AND SALVAGE FRAUD
If you are buying a used car, be sure to read the information below so you can avoid becoming a victim. If you feel that you are a victim, consult with a private attorney AND file a complaint with the Attorney General.
ODOMETER FRAUD PREVENTION CHECKLIST
As with any car purchase, have the vehicle inspected by a mechanic before you buy it. If you cannot, pay attention to the following:
• Is the wear on the upholstery, carpet and foot pedals consistent with the miles?
• Are the tires and break shoes original? Most vehicles with 30,000 miles and under should have original equipment.
• Look for oil change stickers or maintenance records that identify dates of service and corresponding mileage. Look for a federal odometer replacement sticker on the driver’s side doorframe.
• Are there missing screws, scratches or indications of dashboard repair or replacement?
• Check the vehicle’s odometer reading – average mileage should be 12,000 – 15,000 per year.
• Ask to inspect the title before you purchase the vehicle. Pay particular attention to the dates and mileage reading for each title transfer listed on the title. Federal law allows you to file a lawsuit to recover $1,500 OR three times your actual damages (whichever is greater) AND your attorney fees and court costs.
SALVAGE FRAUD CHECKLIST
If you cannot have a professional mechanic look at the car before you buy it, inspect the vehicle for signs of repair damage such as:
• Look under weather stripping, fenders and doors for different colors of paint.
• Inspect the vehicle thoroughly for any ripples, dents, and blemishes in the body. Check these areas with a magnet to see if body filler has been used. NOTE: This will not work with a plastic body.
• Look at doors and hinges to determine if they have been replaced.
• Check to see if the interior components match in color.
• Ask to inspect the title before you purchase the vehicle. Pay particular attention to any brands, such as “salvage,” “rebuild,” or “reconstructed.” Dealers have a duty to disclose vehicles with a salvage or rebuilt history.
If you have questions or complaints regarding purchasing a car, contact the Attorney General’s Office: Send an email or call the hotline: OAG Consumer Protection Hotline (202) 442-9828. Or submit a Consumer Complaint Form (click on the blue letter)
USED CAR PURCHASE CHECKLIST
• Do research on who is a reliable dealer. Ask friends and relatives for recommendations.
• Pre-determine exactly how much you can afford to spend, and do not allow the dealership to talk you into a higher-priced vehicle.
• Is the car still under a manufacturer’s warranty? If not, factor repair costs into your budget.
• Take your time to read and understand the entire written agreement before signing. Be sure that all blank spaces are filled in and that all of the salesperson’s verbal promises are included. Be sure that the terms of any warranty that comes with the car are spelled out.
• Research and compare the price of the car to other similar cars you may be interested in.
• Discuss trade-ins only after you’ve negotiated the best possible price of the new car and after you’ve researched the value of your old car.
• Test-drive the car on the highway, city streets, and in stop-and-go traffic.
• Ask to inspect the car’s title. Pay attention to the mileage.
• Before purchasing, obtain the vehicle identification number (VIN) and research the vehicle’s history with one of the various title data/history services available (e.g. Carfax, AutoCheck, etc.). Such services may reveal prior odometer or salvage/rebuild issues that can affect the vehicle’s value, safety and reliability.
• Always have your own mechanic and/or body shop inspect a used car before you purchase it, and 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 that this information is in writing and on your contract.
WHAT TO KNOW ABOUT FINANCING
You have the choice of financing your car over time or paying in full. If you decide to finance the car, make sure you understand the terms of the loan.
• Know the exact price of the car, the amount being financed, and the total finance charge.
• Research low interest rate loans from your own bank or credit union, and compare your findings with the dealer’s offer.
• Make sure there are no unusual terms in the loan agreement, such as large balloon payments, a larger than usual down payment or requirements that you give back any rebates or incentives to the dealer, any of which will effectively increase the total purchase price of the vehicle. Get the advice of a lawyer if you can.
• Research your options on prices and financing to help you make an informed and educated decision. Doing so will help youavoid the aggravation of having to resolve problems with the dealer.
WHEN YOU SHOULD EXPECT TO RECEIVE THE TITLE
A title is an important part of your car purchase. At the time of purchase, you should confirm the location and possession of the title, and when you will get it.
BEWARE OF ODOMETER AND SALVAGE FRAUD
If you are buying a used car, be sure to read the information below so you can avoid becoming a victim. If you feel that you are a victim, consult with a private attorney AND file a complaint with the Attorney General.
ODOMETER FRAUD PREVENTION CHECKLIST
As with any car purchase, have the vehicle inspected by a mechanic before you buy it. If you cannot, pay attention to the following:
• Is the wear on the upholstery, carpet and foot pedals consistent with the miles?
• Are the tires and break shoes original? Most vehicles with 30,000 miles and under should have original equipment.
• Look for oil change stickers or maintenance records that identify dates of service and corresponding mileage. Look for a federal odometer replacement sticker on the driver’s side doorframe.
• Are there missing screws, scratches or indications of dashboard repair or replacement?
• Check the vehicle’s odometer reading – average mileage should be 12,000 – 15,000 per year.
• Ask to inspect the title before you purchase the vehicle. Pay particular attention to the dates and mileage reading for each title transfer listed on the title. Federal law allows you to file a lawsuit to recover $1,500 OR three times your actual damages (whichever is greater) AND your attorney fees and court costs.
SALVAGE FRAUD CHECKLIST
If you cannot have a professional mechanic look at the car before you buy it, inspect the vehicle for signs of repair damage such as:
• Look under weather stripping, fenders and doors for different colors of paint.
• Inspect the vehicle thoroughly for any ripples, dents, and blemishes in the body. Check these areas with a magnet to see if body filler has been used. NOTE: This will not work with a plastic body.
• Look at doors and hinges to determine if they have been replaced.
• Check to see if the interior components match in color.
• Ask to inspect the title before you purchase the vehicle. Pay particular attention to any brands, such as “salvage,” “rebuild,” or “reconstructed.” Dealers have a duty to disclose vehicles with a salvage or rebuilt history.
If you have questions or complaints regarding purchasing a car, contact the Attorney General’s Office: Send an email or call the hotline: OAG Consumer Protection Hotline (202) 442-9828. Or submit a Consumer Complaint Form (click on the blue letter)