How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 89568
Experience:  Attorney experienced in commercial litigation.
10285032
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I purchased a new automobile in March 2010. Beginning in October

Resolved Question:

I purchased a new automobile in March 2010. Beginning in October 2012 I began experiencing MAJOR engine problems when the car had approximately 46,700 miles. I had followed manufacturer and dealership service manager recommendations for oil changes and other maintenance. At 47,000 miles the car received a new drivetrain. At 62,000 miles the engine was replaced. At 67,000 miles the windshield transmission gave out in the middle of a torrential rain storm. At 73,000 miles, the transmission gave out and left me stranded on the road.

If this car had 12,000 miles at the beginning of these episodes, it would fit the Lemon Law requirements in Kentucky. Unfortunately, being two years old, it did not meet the requirements, but is clearly a lemon. (In Kentucky, lemon law covers issues for cars less than one year since purchase date or 12000 miles, whichever comes first). The car was covered under manufacturer warranty, but after 10 visits to the mechanic over a year period with major engine repairs it is clear that this car is a lemon and was not worth the $32,000 I paid for it. Particularly since I only received just under 47,000 miles of maintenance free travel.

After many letters to high level execs of the manufacturer (including the CEO), I was offered $5000 toward a new car from the same manufacturer. In light of weeks without my car as it was being repaired repeatedly (it is again in the shop for the transmission issue) and for continued problems, it seems reasonable that the manufacturer should offer a much better compensation. In addition, with over 2200 consumer complaints about this vehicle on Edmunds.com, and a letter I received from the manufacturer in July stating that there are engine problems with this vehicle that might require service, it is clear that it is not only me that is experiencing these problems.

I have two questions. First, what, if any, consumer rights do I have to demand a car (in this case, from an American manufacturer) that runs over 47,000 miles reliably for the price I paid? Do I have any legal avenues to pursue to demand more compensation from the manufacturer for the loss of time and vehicle over the past year? As I search for a new car to replace this lemon, I will not have to pay out for a new car I had no intention of purchasing for at least another four years.

Second, if many consumers are experiencing similar issues as I outlined above with the same model vehicle, would this offer sufficient evidence for a class action lawsuit? While owners that purchased their vehicles brand new could trade them in for a different make and model, the number of unsuspecting secondhand buyers purchasing this model used have to pay exorbitant fees to repair and likely replace the engine if they do not buy the vehicle covered under sufficient warranty to cover the drivetrain.

I look forward to your reply.
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

As this situation no longer fits under the KY lemon laws, your rights are curtailed to a breach of contract (warranty) action against the manufacturer. If the manufacturer is not able to properly repair the condition with the vehicle, then you have to read the warranty as most warranties state in cases where they cannot repair they must replace or refund your money at their discretion. Your case against them appears to be one of either breach of warranty or possibly even a product liability claim if you can get a mechanic expert to testify your car was defective in design or manufacture leading to these problems and this would be the legal avenue for you to explore.

First step in a warranty breach claim is to file a complaint with the Attorney General of KY under the Manguson Moss Warranty Act (federal law) and ask for them to mediate the warranty dispute. If they cannot resolve the dispute then you would need a consumer protection/product liability attorney locally to pursue the manufacturer for breach of warranty and possibly for defective design/manufacture of the vehicle.




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq., Lawyer
Satisfied Customers: 89568
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and 6 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    5518
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2620
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    1711
    20 years experience in consumer advocacy, debt collection violations, contracts, construction
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1415
    16 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    1160
    25 years of private practice
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    1065
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1023
    Attorney with 14 years experience in various consumer protection areas