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 Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17463
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Consumer Protection Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I have a lemon law questino question, Rhode Island. I called

Customer Question

I have a lemon law questino question
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: Rhode Island. I called the DA who had me call the law library. I then spoke with someone who said they would have a researcher contact me but no one ever called me back.
JA: Have you contacted the manufacturer?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i dont believe so
Submitted: 21 days ago.
Category: Consumer Protection Law
Customer: replied 21 days ago.
The vehicle has 130,000+ miles. The dealer warranty states that 50% of parts and labor will be covered for first 30 days only if engine or transmission is blown. One morning when driving the car the transmission was acting weird not shifting right. I took the car in to a transmission specialist who said the transmission is not blown but it is starting to break down and if I dont have it rebuilt it will become a blown transmission. My question is this: is my car considered a lemon? Also, does the lemon law "trump" the dealer warranty? I'm afraid that he will say he will not cover this because his warranty says "only if blown". Also, if it is considered a lemon, would I still be required to cover 50% as his warranty states? Anything I can use to help my case would be greatly appreciated, especially printable material that I can use in my defense. Thank you in advance.
Expert:  Phillips Esq. replied 21 days ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Customer: replied 21 days ago.
Thank you for your time.
Expert:  Phillips Esq. replied 21 days ago.

My question is this: is my car considered a lemon?

Response 1: Not yet. In order to be considered a lemon, the car must "has been in for service three times for the same defect within its dealer warranty period or has been out of service for 15 days within the warranty period."

Also, does the lemon law "trump" the dealer warranty?

Response 2: Yes, if the car qualifies as a lemon car.

I'm afraid that he will say he will not cover this because his warranty says "only if blown". Also, if it is considered a lemon, would I still be required to cover 50% as his warranty states?

Response 3: No. If the car is a lemon, you would not bear the cost of repair.

Anything I can use to help my case would be greatly appreciated, especially printable material that I can use in my defense. Thank you in advance.

Response 4: Click here for RI lemon law information.

Customer: replied 21 days ago.
the problem with the transmission is considered a defect but i need the car to be serviced for that issue 3 times within the 30 days? The way I understood it was that the dealer had 3 chances to fix any issue, was i mistaken? I guess im wondering how serious the issue has to be for it to be considered an issue. Basically I tell him that theres an issue with the transmission and I would like him to cover it? What if he refuses?
Expert:  Phillips Esq. replied 21 days ago.

So the problem with the transmission is considered a defect but i need the car to be serviced for that issue 3 times within the 30 days? The way I understood it was that the dealer had 3 chances to fix any issue, was i mistaken? I guess im wondering how serious the issue has to be for it to be considered an issue.

Response 1: The car needs to be out of service for 15 days or be in service for the same defect three times within the warranty period in order to be considered a lemon. That is the current law.

Basically I tell him that theres an issue with the transmission and I would like him to cover it? What if he refuses?

Response 2: If he refuses to cover it, then you would need to file lawsuit and let the Court decide.

Customer: replied 21 days ago.
Is there anything else you can tell me that would be helpful in this situation?
Customer: replied 21 days ago.
It would be nice to know that he is required by law to fix the transmission even though it is not fully blown...
Customer: replied 21 days ago.
He sold me the vehicle in this condition, but when I asked about the transmission he said there were no problems. So my best bet would be to get documentation stating otherwise?
Expert:  Phillips Esq. replied 21 days ago.

I do not have anything else to add. So, I will opt out and give another Attorney the opportunity to further assist you.

Customer: replied 21 days ago.
Ok....thanks? I just was hoping to have some ammunition so I could walk into the dealer guns blazing...so to speak. Ive had issues with this dealer since the transaction (accusations of not paying them the $400 cash as part of our original transaction). I suppose Im wondering if there is a dealer sale law or something similar requiring them to cover ANY faulty parts or the like...
Customer: replied 20 days ago.
I feel as though if I try to get him to cover this, he will say "The warranty says only if transmission is blown." It seems like a loop, I cant get it fixed without a lemon law but the lemon law doesnt cover it if I dont try to get it fixed...warranty wont cover it because its not blown but the lemon law would cover it....very frustrating.
Customer: replied 19 days ago.
can anyone help me? I hope I was not billed for this....

Related Consumer Protection Law Questions