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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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my 2012 chevy equinox has been in the shop a total of 6 weeks

Resolved Question:

my 2012 chevy equinox has been in the shop a total of 6 weeks and 9 times for the check engine light with the same code every time it started the 2 nd month chevy cant fix it and wont buy it back aug 2012 it was in the shop for 4 weeks
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question. The Massachusetts lemon law provides that you have a right to a full refund or replacement of your vehicle should the dealer be unable to repair after a reasonable number of attempts. One problem I see with your case is that for the lemon law to come into effect, the defect must be serious.

he Lemon Law only covers serious defects- those which substantially impair the use, market-value or safety of the vehicle. The law does not list the defects which are considered substantial. You must be able to demonstrate specifically how the use, safety or market value of your vehicle is substantially impaired by the defect. For example, to prove market value impairment, you must show that your vehicle is worth at least 10 percent less than it would be without the defect. Although a defect may be annoying, it is not necessarily substantial.

Thus, if the check engine light is the only thing that is happening, and there is no actual problem with the car as far as how it is running that would make it substantially impaired, the lemon law does not apply.

Where there is no coverage by the lemon law, then the vehicle's warranty terms apply. Unless the written warranty terms provide you with the right to a replacement, then you will have to sue and prove the the vehicle cannot be repaired and that therefore the warranty was breached and you are due a refund. This is different from the lemon law because the lemon law allows you an automatic right to replacement if you have given them a reasonable chance to repair.

So, in either circumstance, you are going to have to sue the dealer. It would be best to do this through an attorney, as this kind of litigation is not simple.

Please let me know if you have other questions or need further help. Please also remember to rate my answer positively so that I am compensated by the website for my work on your question.

-ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


if the check light is on it wont pass inspection

Expert:  TexLaw replied 1 year ago.
That's a very good point. That seems to me to be a substantial defect that would activate the lemon law.

You need to send out a final repair notice to activate your lemon law protections. The final repair notice can be found at: http://www.mass.gov/ocabr/consumer/autos/lemon-laws/new-leased-lemon-law.html

If after you send out this notice and the manufacturer does not replace or refund you for the car (and the car is unrepaired), you can sue and get attorneys fees and multiple damages.

-ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 2 other Legal Specialists are ready to help you

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