Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Did you purchase the car new? Is it still under the manufacturer's warranty?
Thank you for the additional information and your patience as I type out an answer to your question.
You may qualify under the so-called Lemon Law (actually the federal Magnuson–Moss Warranty Act) and be entitled to a repurchase or replacement from the manufacturer (NOT the dealer) if:1. three or more repair attempts and the problem continues to exist; OR2. the car is out of service by reason of repair for a cumulative total of 15 days or more (although unavailability of parts may extend this time).Once that happens, you need to contact the manufacturer's customer service division to apply for arbitration. You will find the number in you owner's manual.They say the process can take around 10 days for a decision, but my experience has been that it will be closer to a month. There are attorneys who handle these types of claims, but you can do it yourself, at least to start.
It sounds like you qualify for relief.
No, as long as you are still under the manufacturer's warranty, and subject to the same unrepairable defect, you can still qualify. The age of the car will certainly be a factor in the amount of the award, but you are not, necessarily, too late.
Call the number in your manual and ask for arbitration. It will be assigned to a rep and they will take it from there
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You put a lot of miles on in 3 yrs.
If that is the terms of your warranty then you will need to pursue the dealer if the repairs are substandard.
You can sue in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.