NWR – lemon laws?

posted 2 years ago in Legal
Post # 2
Member
141 posts
Blushing bee

I’m not a legal professional but I watch a lot of Peoples Court.  Your case would be stronger if the problems started right after the purchase but it sounds like things were fine for the first few months, right?  The age of the car is also going to be a big factor here.  If I were to guess, I don’t think you have much footing for a case.  Aging vehicles eventually have problems.  It’s unfortunate that it’s happening to you so soon but it doesn’t mean that the seller knowingly sold you a broken car.  You’d have to prove that the problem existed when you made the purchase.

Post # 3
Member
3416 posts
Sugar bee

Yes. Many years ago. My vehicle was in the shop for a month while they waited for a part to come in. I won. They paid me thre value of the car less money for the miles I had driven. I am a lawyer so it was easy for me to do myself. I don’t think 6 months old is a deal breaker but check the laws in your state. It is usually a lemon if the same problem happens x times or for x days within a certain time or milead. Also, you might have to go through a certain oroogram instead of court.

Post # 5
Member
1452 posts
Bumble bee
  • Wedding: September 2015

My law firm actually does a lot of these cases. We and other law firms would need to see your repair work orders to see if you qualify for a case so make sure you saved those or request the full repair history from the dealership. Sometimes they get hinky about it but for the most part people have no problem getting them, because this info belongs to the car owners after all. 

If you don’t qualify for lemon law yet, you could also qualify for another type of claim under the Magnuson Moss Warranty Act. You’d keep the vehicle and receive cash compensation for the diminishment of value you had in your vehicle due to the defects. Actually for a lot of people the Warranty Act claim could be better because you can still trade in your vehicle afterwards (doesn’t hurt your warranty), and a lot of times lemon law will not pay for your negative equity in your car loan, if that is applicable to your situation, and in those situations people might end up with no car and out of pocket to pay off the rest of their car loan or have to roll it into their next car loan, after a lemon law claim. 

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