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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10290
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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How can a dealer take to make repairs on your vehicle .and

Customer Question

how long can a dealer take to make repairs on your vehicle .and how many trys do they get .is there any preset limits to resolve the repair .?they have had my 2011 dodge avenger since jan 4 2015,and the problem started in nov of 2015
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

Is this still under warranty? Was the car purchased new? Is this at the dealers?

Customer: replied 1 year ago.
the warranty is up only a few things are still under warranty no it was purchased used .its a 2011 doge avenger. yes it has remained at dealer since jan 4, 2015
Expert:  LegalGems replied 1 year ago.

If the problems were noted when the warranty still was valid, then one can bring a breach of warranty action. This is because if the problem was not fixed while under warranty, the other party would have failed to comply with the terms of the warranty agreement.

The Lemon Law provision of the warranty act does apply to used vehicles, provided that the dealer manufacturer's warranty is still in effect.

Here is a brochure that discusses the Lemon Law, which is codified at California Civil Code 1793 and is known as the Song-Beverly Act:

To be covered by the lemon law, the car must have been purchased by a dealer, and be under the manufacturer's (not a used car lots warranty) and involve a defect that will substantially impair the use, value, or safety of the vehicle.

If that is not applicable, one can still proceed under the general Breach of warranty action discussed above (but without the Lemon law process). One can sue for damages to have a third party repair the vehicle in a timely fashion (1/2 a year is generally not considered timely) and for economic damages reasonably foreseeable as a result of the breach of warranty (ie rental car costs).