Asked in Lemon Law for Puerto Rico

Q: I bought a brand new Toyota Corolla in January of this year and water leaks into it every time it rains. Is this a lemon

My car smells like mildew every time it rains and it’s not even a year old. Water is leaking in from the lights on the roof in the front passenger side.

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1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
  • San Juan, PR
  • Licensed in Puerto Rico

A: I'm assuming that you purchased the vehicle as new from a Puerto Rico car dealer. Have you taken the car back to the dealer to have it serviced? Under the Puerto Rico Consumer Affairs Department ("DACO", by its Spanish acronym) regulations, you have 3 years or 36,000 miles as the warranty term. Used cars have less warranty time. You may have a cause of action for hidden vices within the first six months. These six months begin as of the moment in which intelligent communications between you and the dealer or distributor have concluded. The Rule of Law in Puerto Rico requires that you provide the dealer reasonable opportunity to repair your vehicle. If, after several (and, I recommend, documented) attempts, the dealer and/or the distributor are not able or willing to repair your vehicle, then you should retain the services of a litigating attorney to file your claim with DACO.

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