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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38064
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I bought a 2012 Chevy Cruze new in June of 2012 starting in

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I bought a 2012 Chevy Cruze new in June of 2012 starting in April of 2013 I had to have it towed transmission modulator went out. Now I've over heated been towed once again ad found out that the front axel is broke and the transmission has problems again. I want out of the vehicle but the dealership said it wasn't there problem and chevolet said it wasn't there problem. Going in circles. It has depreciated so much I can't afford a new car plus the extra it would amount to. I'm dissabled/retired EMS so on a fixed income. Can you give me any advice?
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, in what state did you purchase the vehicle, and in what state do you reside if different? Did the dealer repair these issues? I am assuming that your warranty is supposed to cover this. How many miles did you place on the vehicle at this time?
Customer: replied 10 months ago.
I reside in NC and bought the car there. Yes they are repairing the problems and warranty will cover expenses but I'm concerned about future problems and don't feel safe in this car. It has 16,230 miles
Expert:  Dimitry K., Esq. replied 10 months ago.
Dora,

Thank you for your patience. What I suspect is likely the best argument is to claim that this vehicle is a 'lemon' and request full replacement One of the condition of the law as per the current conditions is that the defect(s) materially affect the safety and resale value of the vehicle. I suspect that you may want to also contact the Attorney General's office in your state and ask them for assistance if the dealer is refusing to comply. That is likely the best argument that you have at this time.

Here is the statute that would help:

20-351.3 Replacement or refund; disclosure requirement.

(a) When the consumer is the purchaser or a person entitled by the terms of the express warranty to enforce the obligations of the warranty, if the manufacturer is unable, after a reasonable number of attempts, to conform the motor vehicle to any express warranty by repairing or correcting, or arranging for the repair or correction of, any defect or condition or series of defects or conditions which substantially impair the value of the motor vehicle to the consumer, and which occurred no later than 24 months or 24,000 miles following original delivery of the vehicle, the manufacturer shall, at the option of the consumer, replace the vehicle with a comparable new motor vehicle or accept return of the vehicle from the consumer and refund to the consumer the following:

(1) The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation, and installed options, plus the non-refundable portions of extended warranties and service contracts;

(2) All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

(3) All finance charges incurred by the consumer after he first reports the nonconformity to the manufacturer, its agent, or its authorized dealer; and

(4) Any incidental damages and monetary consequential damages.

(b) When consumer is a lessee, if the manufacturer is unable, after a reasonable number of attempts, to conform the motor vehicle to any express warranty by repairing or correcting, or arranging for the repair or correction of, any defect or condition or series of defects or conditions which substantially impair the value of the motor vehicle to the consumer, and which occurred no later than 24 months or 24,000 miles following original delivery of the vehicle, the manufacturer shall, at the option of the consumer, replace the vehicle with a comparable new motor vehicle or accept return of the vehicle from the consumer and refund the following:

(1) To the consumer:

a. All sums previously paid by the consumer under the terms of the lease;

b. All sums previously paid by the consumer in connection with entering into the lease agreement, including, but not limited to, any capitalized cost reduction, sales tax, license and registration fees, and similar government charges; and

c. Any incidental and monetary consequential damages.

(2) To the lessor, a full refund of the lease price, plus an additional amount equal to five percent (5%) of the lease price, less eighty-five percent (85%) of the amount actually paid by the consumer to the lessor pursuant to the lease. The lease price means the actual purchase cost of the vehicle to the lessor.

In the case of a refund, the leased vehicle shall be returned to the manufacturer and the consumer's written lease shall be terminated by the lessor without any penalty to the consumer. The lessor shall transfer title of the motor vehicle to the manufacturer as necessary to effectuate the consumer's rights pursuant to this Article, whether the consumer chooses vehicle replacement or refund.

(c) Refunds shall be made to the consumer, lessor and any lien holders as their interests may appear. The refund to the consumer shall be reduced by a reasonable allowance for the consumer's use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the consumer prior to his first report of the nonconformity to the manufacturer, its agent, or its authorized dealer, and during any subsequent period when the vehicle is not out of service because of repair. "Reasonable allowance" is presumed to be the cash price or the lease price, as the case may be, of the vehicle multiplied by a fraction having as its denominator 100,000 miles and its numerator the number of miles attributed to the consumer.

(d) If a manufacturer, its agent, or its authorized dealer resells a motor vehicle that was returned pursuant to this Article or any other State's applicable law, regardless of whether there was any judicial determination that the motor vehicle had any defect or that it failed to conform to all express warranties, the manufacturer, its agent, or its authorized dealer shall disclose to the subsequent purchaser prior to the sale:

(1) That the motor vehicle was returned pursuant to this Article or pursuant to the applicable law of any other State; and

(2) The defect or condition or series of defects or conditions which substantially impaired the value of the motor vehicle to the consumer.

Any subsequent purchaser who purchases the motor vehicle for resale with notice of the return, shall make the required disclosures to any person to whom he resells the motor vehicle.
Customer: replied 10 months ago.
They told me at the dealership the lemon law wasn't able to be used because first it was different problems and second my year had passed?
Expert:  Dimitry K., Esq. replied 10 months ago.

Dora,

 

The dealership is not out to help you. In terms of time passing, if you review the statute, the law grants you up to 24 months and up to 24,000 miles before your ability to no longer pursue this as an option expires. This is still a car that is covered under lemon law (which is why I provided the statute for your review). Hence, you still have time to pursue recourse.

 

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38064
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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