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P. Simmons
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Category: Consumer Protection Law
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I have a lemon law claim in the state of CT against Jaguar

Resolved Question:

I have a lemon law claim in the state of CT against Jaguar Land Rover. They have accepted responsibility (my 2012 vehicle was in the shop 44 consecutive days, only returned 2 days ago) and have offered to buy my car back or provide me a new 2013 model. The catch is that I have to pay them $0.57/mile I put on the car. My current lawyer says this is the law in CT, but I can find no documentation that supports this. At >22K miles, I will owe the manufacturer >$12,000 regardless of which option I pick. Is this accurate?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

I am sorry to have to bear bad news.

The law allows this.

The law that applies can be seen here

http://www.cga.ct.gov/2011/pub/chap743b.htm



The key language is

If the manufacturer or its agents or authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, safety or value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle acceptable to the consumer, or accept return of the vehicle from the consumer and refund to the consumer, lessor and lienholder, if any, as their interests may appear,

. . .

all incidental damages as defined in section 42a-2-715, less a reasonable allowance for the consumer's use of the vehicle.

So they can charge you for miles.

Is 57 cent per mile reasonable?

You have to look further into the stature

It holds

A reasonable allowance for use shall be that amount obtained by multiplying the total contract price of the vehicle by a fraction having as its denominator one hundred twenty thousand and having as its numerator the number of miles that the vehicle traveled prior to the manufacturer's acceptance of its return. It shall be an affirmative defense to any claim under this section (1) that an alleged nonconformity does not substantially impair such use, safety or value or (2) that a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.

So take 22,000, divide by 120,000 and multiply that by the contract price.

That is reasonable.

In your case, you multiply (22/120 * contract price)

So 18% of your contract price is reasonable

So take your contract price, multiply by .1833. That is the most they can charge you




P. Simmons, Lawyer
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Experience: 16+ yrs. of legal experience.
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