What Do I Need To Do Before I Can Claim That My Newly Purchased Used Car Is A Lemon?

It is your responsibility to promptly bring the motor vehicle in to notify the dealer of the problem and give the dealer an opportunity to repair the defect(s).

If you provide such notification within the used car warranty period, the dealer must make the repair even if the warranty has subsequently expired.

If the vehicle is financed or leased, you should continue to make your monthly payments unless otherwise advised by an attorney.

The used car warranty is extended for each day that the vehicle is in the shop for repairs.

The vehicle must have been taken in to the manufacturer or authorized dealer for a reasonable number of attempts to repair the defect(s). It is already presumed that your vehicle has undergone a reasonable number of attempts in the following situations:

  • If you have taken the car in for at least three repair attempts for the same defect, and the defect continues to exist;
  • Or, if the car has been out of service for a cumulative total of 15 or more calendar days, while being repaired for any number of defects, and the defect continues to exist. The 15­day period may be extended by any amount of time during which repair services are unavailable due to war, strike, or natural disaster.

If the dealer fails to repair the problem after step two has been exhausted, and if the problem substantially impairs the value of the used vehicle, the dealer is required to accept the return of the vehicle and refund the full purchase price.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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