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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 116710
Experience:  Attorney with over 24 years of law and traffic law
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Purchased a new 2014 Land Rover LR4 May 29, 2014 (8 miles).

Customer Question

Purchased a new 2014 Land Rover LR4 May 29, 2014 (8 miles). The car started experiencing electrical issues with major faults on June 27, 2015. The car was taken to Land Rover Service (under warranty) on June 30, 2015 (9,889 miles). No loaner car was provided for the 2 first weeks the car was in service. The car is currently still at Land Rover (5 weeks) and more than likely will not be ready this week. Only other warranty service preformed prior to this issue was a recall for tire pressure warning light. Can I pursue Lemon Law.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 1 year 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.
If you failed to make the complaint under the Texas Lemon Law within the first 12 months from purchase or first 12,000 miles, whichever comes first, the lemon law is not available to you I am afraid.
However, just because the lemon law is not available to you, it does not mean that you have no recourse. You have a breach of warranty claim and a potential product liability claim.
Under product liability law, the manufacturer of a defective product is strictly liable for the harm from the defect. So they must repair it or replace it or refund your money if you prove this is a manufacturing defect.
Second, under your warranty and the Manguson Moss Warranty Act, if the manufacturer cannot repair the vehicle in a reasonable time, and this is not reasonable at 5 weeks, then the warranty law mandates they replace or refund the value of the vehicle. So, you need to start by filing a written complaint to the manufacturer outlining the problems that you are experiencing and inform them that under the Manguson Moss Warranty Act you are demanding they make the repairs, replace the vehicle or refund you the value of the vehicle, since this is a defect covered under the warranty and you ned to give them a reasonable time to respond, typically 14 days.
If they fail to respond, the Texas Attorney General consumer protection unit is available under the MMWA to assist in mediating a resolution to your warranty claim. If the AG cannot resolve the dispute you have to sue the manufacturer for breach of warranty and also under product liability law for all of the damages you incurred, including loss of use.