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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41221
Experience:  Run my own practice.
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I purchased a used 2013 car from a dealership and within two

Customer Question

I purchased a used 2013 car from a dealership and within two months there is a knock on the left rear side. Upon taking it in I found out that the rear differential and rear axle needed to be replaced. Does this qualify under the lemon law?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns.
Lemon law differs from state to state, and in many instances used cars are not covered. I would need a bit more information to check this for you and see if it might qualify.
1. Where did you purchase the car, in what state or location?
2. How many miles are on the car at this point?
3. How many times has it been to the mechanic at this point?
4. Why do they need to be replaced, why does the mechanic feel that the parts are defective?
Please advise.
Customer: replied 2 years ago.

Thank you for your speedy response. My answers are below.

  1. It was purchased in Briggs Chaney, MD at Sport Chevrolet.

  2. Approx. 42,000 miles

  3. Twice within 30 days

  4. The rear differential had metal from the axel in it. The rear axel was ground down and that shards of metal were depositing into the differential which is a part of the powertrain. The mechanic deemed this a major safety issue. He explained it as if someone was riding g a bike at top speed and all of a sudden someone stuck a stick in between the spokes which could cause a major accident. The work was completed and I went to pick up the vehicle and as I drove off the same knocking and shaking occured. I got the attention of the Service manager and asked him to ride with me so he could experience the shaking and knocking also. He stated that this is not safe. You cannot drive like this. I then was advised to check the vehicle back in for further inspection. He advised me that was not aware of how long it would take to find the problem and repair but he would be in contact with me. This makes the second time I had to put the vehicle in the shop for repairs.

Expert:  Dimitry K., Esq. replied 2 years ago.
This vehicle does not qualify, I am afraid. For this to qualify under Maryland laws, two factors must exist:
1. The vehicle must be registered in Maryland, and
2. The vehicle must have been driven less than 18,000 miles and been owned less than 24 months from the initial sale date (so if this car is less than 2 years old it may still qualify)
But because you have excessive mileage under this vehicle based on the law, Lemon Law won't qualify this as a potential lemon. I wish that I had better news, but at least due to excessive mileage, it won't qualify. I likewise reviewed DC laws, and they are very close to MD limitations, with DC laws also treated this as a used vehicle that is no longer protected under lemon law. I am sorry!
Dimitry, Esq.