IF A PARTY GOES THRU ALL THE RESOURCES AVAILABLE FOR A NEW VEHICLE LEMON LAW, I.E. BBB,STATE ARBITRATION,AND LOSES CAN THEY USE THE RECISSION OF CONTRACT LAW AS A FIGHT AGAINST THE AUTOMOBILE MANUFACTURER??THANKSYOU,DIANE G
pinellas park, Florida
Have been thru arbitration thru the BBB and lost,and am waiting for the State to set up Arbitration at this time seems fruitless as Manufacturer has responded that they will not replace or refund on vehicle. There defense is vehicle is not unsafe,has not lost any value,and has not had limited use,my answer is it is unsafe due to major issues,the value has drastically decreased as the Arbitration will be on record and buyer will be able to see the issues that are still unresolved at this time,and out of service 120 has limited my use of said vehicle.Vehicle is a 2007 Chevrolet Tahoe with less 8000 miles in show room condition.
Recission of contract law does not pertain to the manufacturer, it would apply to the seller of the vehicle with whom you entered into the contract. Your suit against the manufacturer would be a product liability claim alleging defect in workmanship, materials or defective design.Additionally, if you have lost all the appeals and arbitration, you would not be able to pursue a recission against the seller, since the lemon law is essentially a recission of contract.
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