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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 118688
Experience:  Attorney with over 24 years of law and traffic law
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To whom this may concern, My name is***** bought a 2013

Customer Question

To whom this may concern, My name is***** bought a 2013 Dodge Dart and the car has had multiple issues. One being the hoses that attach to the engine for the coolant. I have brought the car back to them on 3 separate occasions to have them fix it which they have but the issue keeps coming back. My car now has 50k miles on it and my warranty goes up to 70k, if I end up going back a 4th time to have them fix the hoses would this be considered a valid "Lemon Law Case"?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Was the car purchased new or used? Are you returning it for the exact same reason/repair? How long have you owned it?
Customer: replied 2 years ago.
It was purchased new, I own the car I purchased it with deployment money I got from serving in Afghanistan. I purchased it in November 2012.
Customer: replied 2 years ago.
Yes I have returned it for the same reason everytime.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your clarification.
Was the car:
Covered by a warranty at original delivery; AND
Purchased, leased or transferred within the earlier of 18,000 miles or two years from the date of original delivery; AND
Either purchased, leased or transferred in New York State or is presently registered in the state; AND
Used primarily for personal purposes.
It has only been 3 times so far as you may be running short on the 2 year statute of limitations for the lemon law claim?
Customer: replied 2 years ago.
Yes I got the warranty the day that I purchased the vehicle, it only had 7 miles on the engine when I purchased it. It was purchased and registered in NY State also. Yes as of now it has only happened 3 times, I have saved every receipt since purchasing the vehicle just to cover my butt.
Customer: replied 2 years ago.
I have read the law for the Lemon Law and it says if the problem happens a 4th time then it will be covered under the law. I just want to verify that if it does happen again that I will have some sort of a case to file?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Thank you for letting me know your background knowledge in this as well. If it does happen a 4th time WITHIN the 2 years from you taking delivery then you would indeed have a lemon law claim. However, the problem would come up in that if this happens a 4th time outside of that 2 year statute of limitation period, as then the only coverage you would have is the warranty if it is still under warranty, because you could not apply the lemon law.
However, if this keeps happening, you could consider a manufacturer defect or design defect claim under product liability law which has a 3 year statute of limitations from the date the issue was discovered. In order to do that though, you would need some type of car or mechanic expert to examine the parts to determine that the cause of your issue is defective manufacture or defective design. Also, right now you can send the manufacturer a "last chance" letter informing them of the problems and tell them that the issue has to be caused by a design or manufacturing defect that can lead to a mass recall on their product and ask them now to intervene and either permanently repair the issue or offer you some deal on replacement. This is a potential recourse if you run out of the 2 year statute of limitations under the lemon law statute.
Customer: replied 2 years ago.
Ok, very helpful. I will definitely contact the manufacturer to see if there is anything that they can do for me. When you say within the 2 years of me taking the delivery are you referring to the date of purchase? Is that what that mean?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Yes, typically you get the car on date of purchase, so that would be the date of delivery (although sometimes someone may buy a car and have to wait some time to pick it up and if that is the case then when you pick it up is the delivery date).
Customer: replied 2 years ago.
Ok, yea I am well past that 2 year mark then. Well I don't know much more I can really do, I guess the best bet is to just contact the manufacturer and hope for the best because I have 20k left on the warranty and after that I will have to pay for the issue if it reoccurs again.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If you are past the 2 year mark, then you have to rely on a claim under product liability law and your warranty as well as you would not have a claim under the lemon law. So you need to work on this with the manufacturer arguing defective design or manufacture and try to get them to deal with you on that basis (they may offer a buyback, less depreciation, for you to buy another car from them or they could offer extending the warranty, it all depends on who you are dealing with and if you can get a mechanic to write a good report about why there is a manufacture or design defect).
Customer: replied 2 years ago.
Well Thank you very much for all of your help.It is much appreciated, I am going to send the manufacturer an email and just explain to them the issue and ask for some sort of compensation. I have already spoken to them about extending the warranty but they was a ridiculous amount of money for it.Anyway thank you very much, hope you have a great day!
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I wish you the best. You need to be persistent with them and need to explain that if you report this defect to the National Highway Transportation Administration or Consumer Protection Bureau, they could end up with a massive recall and dealing with you now would be much better for them.