Isn't there a 3-day "cooling off" law where I can return the car and get my money back?
by: Legal Aid Service of Northeastern Minnesota-Duluth
A legal question and answer column for seniors.
DEAR SENIORS LEGAL LINE:
I just bought a car from a private party. Things were working fine and I love the car. However, 2 days ago it started to act funny, and I do not want the car any longer. The seller refused to take the car back. Isn't there a 3-day "cooling off" law where I can return the car and get my money back?
Signed, Bob
DEAR BOB:
Unfortunately, there is no "cooling off" law when you buy a car. Once you bought the car, it became yours. You cannot return it if you decide that you do not want it.
Also, because you bought the car from a private party, the Minnesota "Used Car Warranty Laws" do not apply. The Used Car Warranty Laws also do not apply if you bought the car "as is."
You may have heard of the "Lemon Law," which is Minnesota's Motor Vehicle Warranty Statute to protect you when you buy or lease a new vehicle that is still under the original manufacturer's warranty. Because you purchased the car from a private party, I assume the car is not new. If it is not new it is not covered by the "Lemon Law." However, if the used car is still under the original manufacturer's warranty, the Lemon law may apply. The law helps you enforce the manufacturer's written warranties. It generally does not allow you to return the car without going through a reporting process to the manufacturer, and letting the manufacturer attempt to fix the problems. If it cannot be fixed, it will be considered a "lemon" and a refund or replacement of the car may be allowed.
From the information you provided, it seems to me that you are probably stuck with the car that you purchased. For further information about Minnesota's car laws, please refer to Minnesota Statute Section 325F.665. You may also obtain information through the Minnesota Attorney General's Office at www.ag.state.mn.us, by calling them at 1-800-657-3787, or writing them at 1400 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101.
This column is written by the Senior Citizens' Law Project. It is not meant to give complete answers to individual questions. If you are 60 years of age or older and live within the Minnesota Arrowhead Region, you may contact us with questions for legal help by writing to: Senior Citizens' Law Project, Legal Aid Service of Northeastern Minnesota, 302 Ordean Bldg., Duluth, MN 55802. Please include a phone number and return address. To view previous articles, go to: www.lasnem.org. Reprints by permission only.
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