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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6390
Experience:  20 years of proefessional experience
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What could we do about getting out of an unsafe car. We are

Customer Question

what could we do about getting out of an unsafe car. We are in a 2016 Hyundai Tuscan that is having a transmission issue that the are aware of but are unwilling to help get us out of the car. The will trade us out of the car at our expense. We can not afford to lose 10,000 Dollars on a car that we just purchased 8 months ago. The car will strand you in an intersection or on a highway. It has happened to me and my wife more than once.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

Please note: (1) If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; and (2) I answer most questions within the hour. However, if I am not signed on, please allow up to 24 hours. By continuing, you confirm that you understand and agree to these terms and JA’s site disclaimers presented to you earlier.

1. Did you buy the car as brand new or was a used 2016?

2. What do they say as to why this is not covered under their powertrain warranty?

Customer: replied 1 year ago.
it was a brand new car. they can not fix the car because they do not have a fix for the problem that the car has. they are saying that they are working on it but can not give us a time. Do not want my wife to die in the meantime while waiting. We have nothing else for her to drive.
Expert:  Maverick replied 1 year ago.

1. Under CO's lemon law, when a new vehicle has been purchased with a manufacturer’s warranty and it has a defect that substantially impairs its use and market value within one year of purchase and that defect is not repaired after a “reasonable number of attempts,” the consumer may have recourse.

2. A court may order the manufacturer to replace the vehicle or refund the purchase price minus a reasonable allowance for use of the vehicle.

3. Under the law, a “reasonable number of attempts” to repair a defect applies when the same defect remains after it has been subject to repair four (4) or more times within the first year after the date of original delivery. It also applies when the vehicle is out of service for repairs for a cumulative total of thirty (30) or more business days during the warranty term or one year after original delivery, whichever comes first.

SO, AS YOU AS YOU HAVE PROOF OF EACH OF YOUR 5 VISITS TO THE DEALER RELATED TO THIS SAME TRANSMISSION ISSUE, YOU SHOULD BE COVERED AND IT MATTERS NOT THAT YOUR ONE YEAR IS ABOUT TO EXPIRE SINCE AT LEAST 4 OF THOSE VISITS HAVE ALREADY OCCURRED IN THE FIRST YEAR, if I understand what you are saying correctly.

Your next step is to send a written notice of defect by certified mail to the manufacturer. YOU must give them a chance to repair the vehicle and go through the manufacturer’s informal dispute settlement procedure, if one exists.

Starting on page 85 of this link are the CO lemon laws that apply. Notice that you have leverage here because the law states:

(3) The court shall award reasonable attorney fees to the prevailing side in any action brought to enforce the provisions of this article.

So, your best course of action here is to consult with a CO lemon law attorney because he/she can collect their fee ultimately from the dealer or the manufacturer if they win the case for you.

While we cannot refer any particular lawyer to you, here is list to help you get started. The lawyer should consult with you on this for free.

Expert:  Maverick replied 12 months ago.

Please assign a feedback rating so JA will compensate me for my time and we can close out this question. Thank you.

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