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1979 Vette

  • Thread starter Thread starter Mimejensen
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Mimejensen

Guest
What is the name of your state?What is the name of your state?What is the name of your state? California

I purchased a 1979 Corvette in Phoenix, Arizona and had it shipped here on a trailer. We received it on 9/13/04. Last night - 9/17/04 it burst into flames. I have viewed the AZ State Lemon Law and found that I have a 15 day or 500 mile warranty on the car. No paperwork came with the car and I do not yet have the title. The dealer who I purchased the car from doesn't believe he is liable and wants me to go thru my insurance. He stated that if he is liable by Arizona state law that we would have to pay to have it shipped back to him he would make the repairs and we would have to pay to have it shipped back to us. He would not pay to have it fixed here. Can he do that?
 


stephenk

Senior Member
why did it burst in flames? Did you inspect the vehicle with a mechanic before purchasing it? Where in the Arizona Lemon Law does it state it applies to a used vehicle?
 
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Mimejensen

Guest
The car is at a dealer right now - right now it looks like it was an after market wiring harness to the air conditioner that arched and blew the A/C compressor and started the fire - not yet 100% sure of that.

I found the AZ lemon law on the internet and it seems pretty understandable to me. But I am not the expert.

The car was sold as a good operating car and we were taking it into the shop the following week to get a few things checked out.

44-1267 . Used motor vehicles; title; implied warranty of merchantability disclaimer; waiver; burden of proof; remedies


A. Before the seller attempts to sell a used motor vehicle the seller shall possess the title to the used motor vehicle and the title shall be in the seller's name.
B. Except as provided in subsection I of this section and in addition to the requirements of section 28-4412, a used motor vehicle dealer shall not exclude, modify or disclaim the implied warranty of merchantability prescribed in section 47-2314 or limit the remedies for a breach of that warranty, except as otherwise provided in this section, before midnight of the fifteenth calendar day after delivery of a used motor vehicle or until a used motor vehicle is driven five hundred miles after delivery, whichever is earlier. In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied warranty of merchantability are also excluded. In calculating distance under this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the motor vehicle that fails to conform with the implied warranty of merchantability are excluded. An attempt to exclude, modify or disclaim the implied warranty of merchantability or to limit the remedies for a breach of that warranty, except as otherwise provided in this section, in violation of this subsection renders a purchase agreement voidable at the option of the purchaser.

C. For the purposes of this section, the implied warranty of merchantability is met if the motor vehicle functions in a safe condition as provided in title 28, chapter 3, article 16 and is substantially free of any defect that significantly limits the use of the motor vehicle for the ordinary purpose of transportation on any public highway. The implied warranty of merchantability expires at midnight of the fifteenth calendar day after delivery of a used motor vehicle or when a used motor vehicle has been driven five hundred miles after delivery, whichever is earlier. In calculating time under this subsection, a day on which the warranty is breached is excluded and all subsequent days in which the motor vehicle fails to conform with the implied arranty of merchantability are also excluded. In calculating distance under this subsection, the miles driven to obtain or in connection with the repair, servicing or testing of the motor vehicle that fails to conform with the implied warranty of merchantability are excluded.

D. The implied warranty of merchantability described in this section does not extend to damage that occurs after the sale of the motor vehicle and that is the result of any abuse, misuse, neglect, failure to perform regular maintenance or to maintain adequate oil, coolant or other required fluid or lubricant or off road use, racing or towing.
 

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