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I was in Maine last week, and the local paper had an article on Cold Brook Saab which had been sued by a dissatisfied buyer of a used '03 9-3.
The customer had been told that the car was a Saab "buy back." The story said he asked if it was a "lemon." The buyer alleges that Cold Brook dodged by saying that not all buy backs are lemons and, apparently, avoided giving a direct answer to a reasonable question deserving a yes/no. After buying the car, the new owner had a series of fairly dramatic misadventures with the car, some arguably life-threatening.
Finally the motor crapped out and Saab said, sorry, warranty repairs are over.
So the buyer did his pre-purchase homework after the sale. Turns out that the car was from California, had been a problem from birth, had been declared a lemon and bought back by Saab. Then it was shipped East.
The legal issue is whether Maine's Lemon Law requires the use of the word "lemon" in customer disclosure or if the broader term "buy back" is acceptable.
I bought a used Saab from Cold Brook once. I was generally satisfied with their service and their price. I suspect many dealerships have such stories hidden in their closets. Also, bear in mind that the original buyer of the 9-3 in question had as much trouble with it as the guy who bought it used.
So my point to fellow value consumers is simply this:
1) Buying a depreciating asset used is financially smart -- IF you take advantage of all the available information, including CarFax, IRIS and, if possible, a conversation with the previous owner. Doing your homework after you buy may only get you a self-administered kick in the pants.
2) Since there are so many clean used cars available, gaps in the paper trail and maintenance of any particular car should be regarded as deal breakers.
3) Artful questioning of the seller is essential, since lemon laws vary from state to state. Some, like California's, support the consumer. Others, like Maine's, seem to have been written by cloven-hoofed lobbyists to protect the seller. So it's not too surprising that cars from states with tough consumer protection laws mysteriously migrate to states in which consumer protection laws are just window dressing.
In the case I described, the judge dismissed much of the plaintiff's case, since the dealer had complied with the letter of Maine law as written.
No matter where you live, unless you are steenkin rich, buying a car should be regarded as a personal business decision, not an exercise in giddy hoonerism.
posted by 68.14.129...
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