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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5767
Experience:  20 years of proefessional experience
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My Ford Fiesta Se 2014 has been @dealer days under warrentry

Customer Question

my Ford Fiesta Se 2014 has been @dealer for 63 days under warrentry 17,000 miles had complete engine failure could not be repaired parts came in today Ford would not give me loaner car had to depend on family& friends to get around I am almost 84 yrs old can I get help about this problem???
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Maverick replied 11 months ago.

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Answer will follow in the pane below as per above parameters….

1. Did they say why they would not give you a loaner car?

Customer: replied 11 months ago.
because I did not have extended warrenty this engine failed I could not drive it had to have it towed to dealer $78 after AAA
Expert:  Maverick replied 11 months ago.

ANSWER:

The lemon laws are here. This clause in particular seems to apply to your case:

(e) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if (1) the same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the period of two years following the date of original delivery of the motor vehicle to a consumer or during the period of the first twenty-four thousand miles of operation, whichever period ends first, but such nonconformity continues to exist or (2) the vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the applicable period, determined pursuant to subdivision (1) of this subsection. Such two-year period and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike or fire, flood or other natural disaster. No claim shall be made under this section unless at least one attempt to repair a nonconformity has been made by the manufacturer or its agent or an authorized dealer or unless such manufacturer, its agent or an authorized dealer has refused to attempt to repair such nonconformity.

Sec. 42-180. Costs and attorney’s fees in breach of warranty actions. In any action by a consumer against the manufacturer of a motor vehicle, or the manufacturer’s agent or authorized dealer, based upon the alleged breach of an express or implied warranty made in connection with the sale or lease of such motor vehicle, the court, in its discretion, may award to the plaintiff his costs and reasonable attorney’s fees or, if the court determines that the action was brought without any substantial justification, may award costs and reasonable attorney’s fees to the defendant.

BECAUSE it appears that they are in breach and you can get your legal fees paid if you win, I would suggest that you consult with a local lemon law attorney and see if he can obtain a settlement for you under Sec. 42-179. (b) and (d) at the link I provided.

See this link or contact you local State Bar...

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