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Lemon Law Questions & Answers
1 Answer | Asked in Lemon Law for Michigan on
Q: I purchased a new car and its had a very high pitched squeak that has persisted since I recieved the car.

It has gotten worse since I have gotten it. I wouldn't be concerned if the dealer could diagnose the issue. I am concerned it may become an issue down the road. Do I have a case under Lemon Law.

Adam Alexander
Adam Alexander
answered on May 8, 2023

You can begin Michigan's Lemon Law process after 3 repair attempts for the same defect/condition and/or 25 days out of service within the first year from delivery. To set yourself up correctly to get your vehicle repurchased, avoid these 5 errors:

5 critical errors consumers make when...
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2 Answers | Asked in Consumer Law, Civil Litigation, Lemon Law and Small Claims for Texas on
Q: What is the max amount of mental anguish can I sue for? The cost of the vehicle was $8590.50, in my suit what is the

maximum amount of economic damages I can sue for? In my demand letter can I ask for double the cost of the truck back or in my suit if it goes to court? I am prepared to send my demand letter today, I am just unsure of all the damages I can ask to recover. I am doing this without an attorney so I... Read more »

John Michael Frick
John Michael Frick
answered on May 5, 2023

You can ask for whatever amount you like. Awards of damages for mental anguish vary depending upon the facts and circumstances presented by the evidence to the jury.

A decent rule of thumb for settlement purposes is no more than 1.5x the amount of your medical expenses for whatever bodily...
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1 Answer | Asked in Contracts, Civil Litigation and Lemon Law for New Hampshire on
Q: i bought a truck with a rotten frame

also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5... Read more »

William J. Amann
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answered on Apr 4, 2023

New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Car Accidents and Lemon Law for Florida on
Q: Do I have a case?

I purchased a used truck about 1.5 years ago from a dealer. When asked about prior damage if any the dealer told me there was only minor. The car fax report only shows minor as well. While I was under the truck checking the size of the spare tire I noticed there is frame damage on the left rear. I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 5, 2023

Regardless of liability or lack thereof, your first step is to get a written repair estimate, then demand that the dealer pay it, and if they balk, say you're planning to take legal action. That may or may not work, but there's no downside to doing it. That said, whether the dealer is... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Lemon Law for California on
Q: Can owners take HOA to court?

HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so. CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue. The complex prohibits smoking in the... Read more »

James L. Arrasmith
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answered on Feb 24, 2023

Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws.

In the scenario you described, it seems that the...
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1 Answer | Asked in Consumer Law and Lemon Law for Massachusetts on
Q: i financed a car

i financed a car on 1/20/23 had it in my possesion for 6 hrs and engine cut out oil spilling everywhere had it towed back to dealership same night was given a rental for 3 weeks dealership called me and said they had another car to offer and said 2500 would go to new car for trade in they made of... Read more »

Christopher Tolley
Christopher Tolley
answered on Feb 22, 2023

This should be covered by the Massachusetts Used Car Lemon Law. This explains it in more detail than I can in a Q&A forum like this one: https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law You should call the hotline phone number listed n the website and explain the situation to... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Libel & Slander for Texas on
Q: My dealer sold me a lemon. Is it legal to drive my car with painted messages on my doors "parkplace sold me this lemon"?

Have tried to resolve amicably. Car in shop 26 days out of the 45 I have owned it. Since it was purchased with 1000 miles CPO "as is" it does not qualify for buyback according to MBUSA.

I spent 130k and car does not drive nice. So while I prepare a lawsuit, want to paint on car,... Read more »

John Michael Frick
John Michael Frick
answered on Jan 28, 2023

Since a car can only be a “lemon” if it was purchased new, you could be sued for business disparagement if your sign deters a prospective customer from purchasing a car from the dealership.

Most used cars are sold as-is, meaning the buyer is not relying on anything the seller may have...
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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I have a Sleep Number be which has been broken for over a year. "Parts are backordered" Is there a law about reasonable

time to repair? Any code to force them to repair or replace within a certain amount of time?

James L. Arrasmith
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answered on Feb 20, 2023

In California, there are laws and regulations that protect consumers' rights when it comes to product warranties and repairs. The specific law that may apply to your situation is the Song-Beverly Consumer Warranty Act, also known as the California Lemon Law.

Under this law, if a...
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1 Answer | Asked in Consumer Law and Lemon Law for Michigan on
Q: Is the owner of the dealership responsible for the seller's actions? If so, where could I find this law for court?

I recently bought a car from a used car dealership in MI that was greatly misrepresented. The seller was just a guy who the owner was allowing to sell cars out of his dealership, not an employee. After many issues, I sued the person and the dealership, and the seller has since fled the country. Is... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2023

Do you have a judgment against the seller? If you do, you may be precluded from now going after the dealer because generally you need to bring in everyone you can when you first file an action. If you don't have a judgment, you will need to somehow legally tie the dealer to the seller.

1 Answer | Asked in Contracts, Business Law and Lemon Law for Utah on
Q: Is it legal to deny a person a foreign vehicle when applying for an auto loan?

I bought a vehicle from a dealership 6 months ago I just found out a week and a half ago that the vehicle they sold me was stolen they told me to bring back the vehicle and they would get me a new vehicle and now when I put my application in I was told that I don't qualify for European... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 6, 2022

I am not aware of a law preventing a specific individual from owning a foreign car. Some foreign cars will have difficulty being imported to the US without a lot of paperwork, but I can't imagine how a particular individual would be prevented from making a purchase.

Also, it is...
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1 Answer | Asked in Lemon Law for Puerto Rico on
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.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 21, 2022

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... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Small Claims for Texas on
Q: Can I file suit on a dealership that sold me a lemon car and that knowingly was being deceitful about car repairs
John Michael Frick
John Michael Frick
answered on Nov 11, 2022

Yes, if you purchased a new automobile from a dealership, you may be able to file a "Lemon Law" complaint. The complaint procedure is overseen by the Texas Department of Motor Vehicles.

The requirements and procedure are described in layman's terms on its website at...
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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.

The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've... Read more »

Leon Bayer
Leon Bayer
answered on Nov 11, 2022

The damage to the windshield was caused by the negligence of the repair shop, wasn't it? If so, it is not a mechanical defect and is outside of the warranty and the manufacturer has no responsibility for it. Your claim is against the shop.

Damages for your wasted time is not...
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2 Answers | Asked in Consumer Law and Lemon Law for California on
Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.

The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Nov 10, 2022

You have quite a few issues here in your post. There are quite a few legal issues as well that relate. The biggest issue right now is there's a recent case in California that says used cars are no longer covered by the lemon law. A good lemon law attorney can probably find a way around that... Read more »

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1 Answer | Asked in Lemon Law and Contracts for Florida on
Q: My son bought his first car from dealership in FL he owes a few thousand left found multiple issues what can be done?
Charles M.  Baron
Charles M. Baron
answered on Nov 7, 2022

Your son needs to schedule a consultation with an attorney for review of the purchase contract and the history of the situation. What his consumer rights are depends on a number of factors, especially the terms of the purchase contract and warranty, if any. Regarding the $$ he still owes, if that... Read more »

2 Answers | Asked in Consumer Law and Lemon Law for Texas on
Q: Bougth a used car from a privite seller. He lied about what was wrong with it and have prof. Anything I can do?

I purchased a used vehicle from a private seller. The check engine lights were on when buying the car, and he informed me it was the car struts. He told me if I replaced them, that would fix the problem. He also said there was a warranty on the vehicle. So I bought the car and replaced the struts.... Read more »

John Michael Frick
John Michael Frick
answered on Oct 14, 2022

Most used cars are sold as-is. When you purchase a car “as-is” that means you are not relying on anything the Seller may have told you about the condition of the car.

But if this one wasn’t sold as-is, you likely can sue the Seller for fraud to recover the cost of repair as well as...
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3 Answers | Asked in Lemon Law for California on
Q: i purchased a 2017 chevy cruze from a dealer ship called Family auto sales, it keeps on heating up.

I took the car to the dealership three time already, twice they have said that they don't find anything wrong with it. the third time they just said it was not their problem anymore since the car was already financed and it belonged to the finance company. I took it to a third party repair... Read more »

Yelena Gurevich
Yelena Gurevich
answered on Sep 22, 2022

you should gather all your paperwork (from purchasing the documents, to warranties, to report reports, etc) and consult with an auto fraud/ dealership fraud attorney. during the consultation and after full review of your documents, the attorney should be able to inform you of your legal options in... Read more »

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1 Answer | Asked in Consumer Law and Lemon Law for Colorado on
Q: I am an international student and bought an used car in Jan 8 convinced by the fact that the Carfax was clean.

But very soon it presented overheating problems. On Jan 17, 9 days after the purchase, I took it for an oil exchange at Grease Monkeys, where they made the following comments on the invoice:

- COOLANT SYSTEM LEAK

- ENGINE OIL LEAK

- HEAD GASKET LEAKING

Which... Read more »

Michael Joseph Larranaga
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answered on Sep 19, 2022

While this is not my area of expertise, I would check into the state's lemon laws. If you purchased the vehicle from a dealer you might be able to return it or have them fix some of the issues. I recommend checking the colorado bar's website under the licensed lawyer tool to look for... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for North Carolina on
Q: Does the Lemon law protect used vehicles purchased under Warranty?

7/15/ 21Purchased 2018 Yukon denali XL from a GM dealership for $67,573 & 34,921 miles

6/08 Vehicle started shaking while idle. I received a low oil alert on my phone. Checked oil & it was 75% full.

6/13 Took vehicle to mechanic to have the idle issue looked into. While... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 23, 2022

The Lemon Law only applies to new vehicles. However, you may have claims against the dealer or manufacturer because of the warranty issues. The Magnuson-Moss Act may apply. If you also purchased a service contract, additional claims may apply. You need to take all of the purchase and warranty... Read more »

1 Answer | Asked in Lemon Law for California on
Q: I purchased a used vehicle from a dealership in CA. 04/21/2022. it has been 107 days and dealer has failed to transfer

I called DMV and was told the dealership failed to transfer tittle. DMV also informed me that the dealership in fact had possession of the new registration "tags" at the time of purchase. However, i did not recieve those stickers. Registration expired in March 2022. Purchased vehicle... Read more »

Scott Richard Kaufman
Scott Richard Kaufman
answered on Aug 6, 2022

Anything else you should know? The law is rarely black and white and even when it is, some lawyer or some judge figures out a way to add a new shade of grey. We have an adversarial system of justice and that keeps both sides employed. Both sides argue and then typically, if they cannot settle... Read more »

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