Lemon Law case or NOT
#1
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Lemon Law case or NOT
How many problems do you have to have before you can go to the dealer with a lemon law case. Also do recalls count under problems if the manufacture fixes them.
1st problem – taillights out, dealer said it was something I did. ( I fixed the cut wires no recall yet
2nd problem - taillights out again. (local car audio shop fixed)
3rd problem - taillight housing melted due to wire fault
4th problem - taillights out recall now finally announced (fixed by dealer)
5th problem – lights on stereo and a/c control died (dealer ordering new one, not yet here)
6th problem – car over heated after idling for an hour or so with the stereo and sub on only in 55 degree Fahrenheit temp. (called dealer said you should be able to idle car for hours with stereo running if aftermarket stereo installed, also said the car should be looked at as soon as possible)
Do I have sufficient reasons to warrant a lemon law case or not.
1st problem – taillights out, dealer said it was something I did. ( I fixed the cut wires no recall yet
2nd problem - taillights out again. (local car audio shop fixed)
3rd problem - taillight housing melted due to wire fault
4th problem - taillights out recall now finally announced (fixed by dealer)
5th problem – lights on stereo and a/c control died (dealer ordering new one, not yet here)
6th problem – car over heated after idling for an hour or so with the stereo and sub on only in 55 degree Fahrenheit temp. (called dealer said you should be able to idle car for hours with stereo running if aftermarket stereo installed, also said the car should be looked at as soon as possible)
Do I have sufficient reasons to warrant a lemon law case or not.
#3
Photography Nerd
I know the lemon law rules vary from state to state but most of them require that the car has to be in the shop for a ceritain period of time and that the problem was unable to be fixed. They won't buy back a car if they can fix the problem.
#4
Lemon Laws are going to vary from state to state: http://www.lemonlawamerica.com/
Excerpt of NY Lemon Law from the above link:
The New York State New Car Lemon Law, General Business Law, Section 198-a, provides that if, after a reasonable number of attempts, a dealer cannot repair a new vehicle within the first 18 months or two years of delivery of that vehicle to the consumer, then the consumer is entitled to a refund of the purchase price or a replacement vehicle. The law presumes that a reasonable number of attempts have been made if the dealer has made four repair attempts for the same problem or the vehicle has been out of service for 30 days or more within the first 18,000 miles or two years. However, this does not mean that you have to have four repair attempts or meet the 30 day requirement to have a claim under the New York State New Car Lemon Law. So long as a "reasonable number" of repair attempts have been made, you may seek relief. Consequently, you should always consult with a lawyer when evaluating your legal rights. This law also provides a mechanism for recovering attorney fees.
Generally I think you have to give the dealer a chance to fix the problem, and if they repetitively fail to resolve the matter you may have a case. Keep in mind if you have any aftermarket parts installed they may say your warranty is voided and the problem is due to a bad install by a non authorized Acura technician.
Excerpt of NY Lemon Law from the above link:
The New York State New Car Lemon Law, General Business Law, Section 198-a, provides that if, after a reasonable number of attempts, a dealer cannot repair a new vehicle within the first 18 months or two years of delivery of that vehicle to the consumer, then the consumer is entitled to a refund of the purchase price or a replacement vehicle. The law presumes that a reasonable number of attempts have been made if the dealer has made four repair attempts for the same problem or the vehicle has been out of service for 30 days or more within the first 18,000 miles or two years. However, this does not mean that you have to have four repair attempts or meet the 30 day requirement to have a claim under the New York State New Car Lemon Law. So long as a "reasonable number" of repair attempts have been made, you may seek relief. Consequently, you should always consult with a lawyer when evaluating your legal rights. This law also provides a mechanism for recovering attorney fees.
Generally I think you have to give the dealer a chance to fix the problem, and if they repetitively fail to resolve the matter you may have a case. Keep in mind if you have any aftermarket parts installed they may say your warranty is voided and the problem is due to a bad install by a non authorized Acura technician.
#5
Go Giants
Im pretty sure no but can noises and rattles that can't be fix be included in the lemon laws?
#6
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when i called the dealer they said that a singal sub and amp running along with the factory stereo should not cause it
#7
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Originally Posted by wsklar
Im pretty sure no but can noises and rattles that can't be fix be included in the lemon laws?
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So you are saying that if you have numerous different problem and the dealer fixes them all, then you just got a bad car that does not fit under the lemon law rules
#9
Go Giants
Originally Posted by Dan Martin
No, it has to be a problem that prevents you from driving your vehicle.
Thanks. Although the windshield crack comes pretty close....
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#10
Originally Posted by CCColtsicehockey
when i called the dealer they said that a singal sub and amp running along with the factory stereo should not cause it
#11
Originally Posted by CCColtsicehockey
So you are saying that if you have numerous different problem and the dealer fixes them all, then you just got a bad car that does not fit under the lemon law rules
#12
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Originally Posted by Viking
Sadly, I think that is the case. That's what the warranty is for.
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Ok I just sent you a PM with details of the lemon law for the state you live in.
Here are exerpts from the Law you might want to consider:
"(a) Repairs required.-The manufacturer of a new motor vehicle sold and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur."
and:
"It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:
1.the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or
2.the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days."
It seems as though the Law in your State is pretty restrictive towards the consumer.
Personally, I don't think you have a case, but I'm not an attorney at law, so you might want to consult the right resource if you want to make it all clear, but like I said, I wouldn't lose sleep over it.
One more comment if I may: One would and should usually prefer getting their car repaired by the dealer under warranty. Getting your car bought back under the Lemon Law is usually not a walk in the park, and it will imply substantial spenings as you will usually have to hire a lawyer and go to court to fight for your case. Usually, if your car isn't elligible for a buy-back, that fight will offset by far the efforts that would have been required to just get the problem solved under warranty.
Hope it helped.
Here are exerpts from the Law you might want to consider:
"(a) Repairs required.-The manufacturer of a new motor vehicle sold and registered in the Commonwealth shall repair or correct, at no cost to the purchaser, a nonconformity which substantially impairs the use, value or safety of said motor vehicle which may occur within a period of one year following the actual delivery of the vehicle to the purchaser, within the first 12,000 miles of use or during the term of the warranty, whichever may first occur."
and:
"It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:
1.the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or
2.the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days."
It seems as though the Law in your State is pretty restrictive towards the consumer.
Personally, I don't think you have a case, but I'm not an attorney at law, so you might want to consult the right resource if you want to make it all clear, but like I said, I wouldn't lose sleep over it.
One more comment if I may: One would and should usually prefer getting their car repaired by the dealer under warranty. Getting your car bought back under the Lemon Law is usually not a walk in the park, and it will imply substantial spenings as you will usually have to hire a lawyer and go to court to fight for your case. Usually, if your car isn't elligible for a buy-back, that fight will offset by far the efforts that would have been required to just get the problem solved under warranty.
Hope it helped.
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Originally Posted by biker
As usual, the sauceman has the answers. ![Thumbs Up](https://acurazine.com/forums/images/smilies/thumbsup.gif)
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