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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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I bought a car three days ago, I had to have the transaxle

Resolved Question:

I bought a car three days ago, I had to have the transaxle range censor replaced and now I'm gonna have to have my timing belt replaced. Would my car fall under the lemon law?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Can you tell me what state this is in?

Customer: Tennessee
ScottyMacEsq :

Is this a new or used car?

Customer: It's a used car
ScottyMacEsq :

How old is it? Is it still covered under the original manufacturer's warranty?

Customer: 2007 and I purchased the dealers warranty I haven't got a chance to start the manufactures warranty
ScottyMacEsq :

Was there a manufacturers warranty that still applied?

Customer: Not that I am aware of
ScottyMacEsq :

Thank you. There is no Federal "lemon" law, and Tennessee's lemon law only applies to new cars. Even if it were a new car, the lemon law does require that you would need to show THREE attempts to repair the vehicle or that the vehicle would be out of service for at least 30 days during the "term of protection". A "Lemon" is a motor vehicle sold or leased after January 1, 1987, that has a defect or condition that substantially impairs the motor vehicle; and the manufacturer, its agent, or authorized dealer cannot repair the vehicle after three attempts or the vehicle is out of service for repairs for a cumulative total of 30 or more days during the term of protection. This Law is only applicable if the vehicle was bought new. Under the statute, the manufacturer must replace the motor vehicle or refund the purchase price (less a reasonable allowance for use). The Law is unclear about whether you have to have reported your problem during the "term of protection" in order to have a claim under the "Lemon Law." The Consumer Protection Division has adopted the view that the problem essentially has to be reported within the first year or within the term of the warranty, whichever comes first.


 

ScottyMacEsq :

Now it's possible that you could have a warranty claim, but that would be entirely based upon the terms of the warranty.

ScottyMacEsq :

Warranty and "lemon law" are two different things. A warranty is a contract, whereas the lemon law applies even if there is no warranty in place, but only for cars that were purchased new and during the "term of protection", which expires at latest after the first year.

ScottyMacEsq :

So while you are not protected by any lemon law, it is still possible that you are covered under the warranty. That means, however, that you cannot "rescind" the contract.

ScottyMacEsq :

There is no "right of rescission" for a used car, for any period of time, unless there is a contractual right given to do so.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11561
Experience: Licensed Texas General Practice Attorney
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