I'm sorry, but you are not just wrong you have it ass backwards.
Only a very few states, such as Massachusetts, have more strict private sales laws. Even in those states, the malfunction would have to be related to a safety issue or drivability, not applicable here. Further, the buyer, not the seller, has the burden of proving that the seller failed to disclose. The seller, in this case, has consistently maintained he did make disclosure so it is not likely she could prove it, even if it was required. And the Lemon Law, or Lemon Aid Law does not require the seller to pay for repairs, rather, if the car is found to have been knowingly misrepresented as it relates to a serious safety or drivability issue then the buyer can return the car for a refund, less a fixed cost (on average .15 a mile) times the mileage.
It would be interesting to know what state the seller lives in? Unless it is one of the (Okay, I'll just say it) ultra-liberal states like the aforementioned Massachusetts, the seller has nothing to worry about and even if it is one of those states, in this instance, the seller STILL has nothing to worry about.
Updated from www.carsdirect.com:
"When buying a pre-owned car, it might be covered by a used car lemon law. Different states have different laws and regulations. As a general rule, though, used car lemon laws only apply to sales from an actual dealer.
That means that private seller car purchases are usually not covered by any type of used car lemon law
. Most state regulations for "implied warranties" also apply only to dealer sales
. That means that cars purchased from private sellers are generally considered "as is" without much in the form of recourse if a problem arises
The Federal Trade Commission's (FTC) Used Car Rule requires dealers
, not private sellers, to post a Buyers Guide in every used car they offer for sale. The Buyers Guide must tell you:
•whether the vehicle is being sold "as is" or with a warranty;
•what percentage of the repair costs a dealer will pay under the warranty;
•that spoken promises are difficult to enforce;
•to get all promises in writing;
•to keep the Buyers Guide for reference after the sale;
•the major mechanical and electrical systems on the car, including some of the major problems you should look out for; and
•to ask to have the car inspected by an independent mechanic before you buy.
Private sellers generally are not
covered by the Used Car Rule. Private sales usually are not
covered by the "implied warranties" of state law. That means a private sale probably will be on an "as is" basis, unless the purchase agreement with the seller specifically states otherwise. If their is a written contract, the seller must live up to the promises stated in the contract. It sure does not sound to me like the seller here gave the lady a written contract of promises or warranties relating to the car.
You are talking out of you a**!