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I recently purchased a demo vehicle 4 days ago. The second

 
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Customer Question

I recently purchased a demo vehicle 4 days ago. The second day I had it the check engine light came on and the cd player is not working correctly. This is a 60k vehicle. It had 2000 mile on it. Am I able to return the vehicle and get something else? Or how does this usually work?

 

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State/Country relating to question: Mississippi

Submitted: 300 days and 18 hours ago.
Category: Consumer Protection Law
Value: $25
Status: CLOSED
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Expert:  Law Pro replied 300 days and 17 hours ago.

They sold this to you as a "demo" or used car OR a new vehicle?

Customer replied 300 days and 17 hours ago.

Demo!

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Expert:  Law Pro replied 300 days and 17 hours ago.

The Mississippi lemon law covers motor vehicles that are sold in Mississippi, operated over Mississippi’s public streets and highways, and used to transport persons or property. This includes demonstrator and lease-purchase vehicles if they were sold with a manufacturer’s warranty.

If a NEW vehicle does not conform to the express warranty, the consumer must report the defect(s) to the manufacturer or dealer within the warranty period or within 1 year from the time the consumer received the car -- whichever period ends first. The manufacturer or dealer must then make whatever repairs are necessary to conform the vehicle to the warranty -- even if these repairs are made after the expiration of the warranty period or one-year period. (The warranty period or the one-year period may be extended if the defect has been reported but not repaired by the end of these periods.)

 

The consumer must IN WRITING notify the manufacturer about the defect. The manufacturer will then recommend a reasonably accessible repair facility. After the car has been delivered to the repair facility, the manufacturer will have 10 working days to repair the vehicle. If, after a reasonable number of attempts, a car cannot be repaired to conform to the warranty AND the car's defects impair the use, market value, or safety of the car, the manufacturer (based on the consumer's preference) shall EITHER:

  1. replace the car with a comparable motor vehicle acceptable to the consumer LESS a charge for the consumer's use of the car [20 cents per mile]; OR
  2. take the car's title from the consumer and refund the full purchase price (including all reasonably related outside costs) LESS a charge for the consumer's use of the car [20 cents per mile].

** These remedies are not available if a car's defects result from the consumer's abuse, neglect, or unauthorized modification of the car. These remedies are also not available if the defects do not impair the use, market value, or safety of the car.

A reasonable number of attempts is considered to have been made, IF either:

  • the same defect is not repaired after 3 or more attempts; or
  • the vehicle has been out of service a total of 15 working days since the consumer received the car.

So, although you have problems with the "demo" - you must follow the statute and see if they can fix the various problems first.

If they can't fix the problems - THEN you can demand a replacement or a refund.




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Law Pro

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.3 %
Accepts: 1310
Answered: 6/26/2012

Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction

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