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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34065
Experience:  16+ yrs. of legal experience.
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I purchased a new 2013 Toyota Tacoma. It had rear end noise

Customer Question

I purchased a new 2013 Toyota Tacoma . It had rear end noise since new, they tried to fix it three different times but howl is still there, The forth and last time the area rep said they will not try again as they might make it worse.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: Minnesota and no
JA: Have you contacted the manufacturer?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 9 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 9 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?

Customer: replied 9 months ago.
I want to turn it in under the Lemon Law in Minnesota
Expert:  P. Simmons replied 9 months ago.

Thank you

Can you tell me, is the car still under the factory warranty? Or has that expired?

Customer: replied 8 months ago.
Drive train warranty is 6 years or 60,000. The truck only has 37,000 miles on it.
Expert:  P. Simmons replied 8 months ago.

Thank you
You may be in luck...the MN lemon law applies for up to 3 years from the date you took possession of the rig. SO if you took possession within the last 3 years? You are covered by the MN lemon law.

The lemon law creates a presumption that there have been a reasonable number of
repair attempts if, within the manufacturer’s written warranty term or during the period
of two years following the date of original delivery of the vehicle to a consumer,
whichever is the earlier date, the same nonconformity has been subject to repair four or more times by the
manufacturer, its agents or its authorized dealers, and the nonconformity continues to exist

You mention you have tried 3 times...you need to let the rep know that you want them to fix this problem and that if they refuse you will file a lemon law claim. Then...if they refuse or can not fix it? You can begin the process to file the lemon law claim.

To file the lemon law claim, you will need to make a formal (written request) to the manufacturer demanding they purchase the car from you. Keep a copy of this letter and make sure to send it certified (so you can prove they received it).

In most cases, the manufacturer will require you to go through arbitration (the law allows them to do this) and will resolve this after arbitration is complete

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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