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Experience:  20 years practicing traffic law.
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Purchased a 2012 Jeep Wrangler in April 2012. Has always leaked.

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Purchased a 2012 Jeep Wrangler in April 2012. Has always leaked. Have taken to dealership 3-4 times in 2012 and now once in May 2013. Have not sent a certified notice to Chrysler/Jeep within 1 year of purchase to start lemon law process. http://www.dmv.org/ website states: "The vehicle must be less than one year old." I have read Nebraska requires that step. Is this the case? If so, what are my options moving forward?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Law Pro replied 1 year ago.

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So your vehicle is more than 1 year old?
Customer: replied 1 year ago.

Actually, I just double-checked. No, it was purchased on May 23, 2012, I believe.

Expert:  Law Pro replied 1 year ago.
Sorry, in looking at your question again the vehicle is obviously older than 1 year.

The Nebraska Lemon Law applies to motor vehicles that are:
(1) purchased in Nebraska,
(2) under warranty, and
(3)less than one year old.


Now you do have other potential claims though aside from the Lemon Law: The Magnuson - Moss Warranty Act (a federal Lemon Law)


The Magnuson - Moss Warranty Act is a federal law that imposes certain obligations on vehicle manufacturers and grants certain rights to consumers. This federal Lemon Law is what State Lemon Laws including the Nebraska Lemon Laws are modeled after.

The federal Lemon Law offers protections to purchasers of automobiles sold with warranties. The federal Lemon Law allows purchasers to recover cash compensation for breach of warranty and to obtain attorneys' fees.

If you have a Lemon vehicle, the federal Lemon Law may provide remedies and compensation for your situation, even if you are timed out of the Nebraska Lemon Law because the statute of limitations does not begin running on the federal Lemon Law until after the vehicle’s warranty term expires. As such, the federal Lemon Law is a backup when the Nebraska Lemon Law does not apply.


Here is a link to understanding the federal Lemon Law:

http://www.mlmlaw.com/library/guides/ftc/warranties/undermag.htm





So, given your facts and circumstances you stated, I believe you have a viable claim pursuant to the federal lemon law - The Magnuson - Moss Warranty Act.



If you have any further questions, please feel free to let me know…

You can always ask for me in your question, “This question is for Law Pro . . (then on with your question) . . . .






Expert:  Law Pro replied 1 year ago.
If purchased May 23, 2013 then you are within the Nebraska time limits to make a Lemon Law Claim.




(1) The buyer must have taken the vehicle to the dealer four or more times for repair of the SAME problem
or
(2) the buyer must have been without use of the vehicle for 40 or more daystotal. In addition, the buyer must have given the manufacturer written notification of the problem by certified mail, and must have given the manufacturer an opportunity to fix to problem.



So what you need to do is immediately send a letter by certified mail to the manufacturer of the problem and give them the opportunity to fix the problem.

You are still within the statutory time period if you send that letter immediately or before the date you purchased it.

Depending upon their response - you either have to go to arbitration or court if they won't agree to arbitration.

Any action under the Lemon Law must be started by written notice to the manufacturer within (1) one year after the expiration of the express warranty terms, or
(2)
within two years of the date the buyer accepted original delivery of the vehicle, whichever date is earlier.





Law Pro, Attorney
Category: Traffic Law
Satisfied Customers: 24753
Experience: 20 years practicing traffic law.
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