How Do Lemon Laws Work?

"SteveLehto" (stevelehto) 08/01/2014 at 11:28 • Filed to: ask car buying, lemon law, warranty

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I bought a new car but it keeps having problems. I'm tired of going back and forth to the dealership only to have something else go wrong. Someone suggested that this car might fall under the "Lemon Law." How does that work?

I am an attorney specializing in "Lemon Law," the colloquial term for automobile warranty law. This has been the focus of my practice for 23 years and I have handled thousands of actions against manufacturers on behalf of consumers who bought bad cars, along with various suits over defective RVs, boats, personal watercraft, and even things which were not transportation, like sewing machines and furniture. If a consumer product comes with a warranty that is not being honored, I'm the guy you call. At least in Michigan. !!!error: Indecipherable SUB-paragraph formatting!!!

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Here is a quick overview of how Lemon Laws work. All 50 states have laws which protect buyers of new cars. They are often known by names such as The New Motor Vehicle Warranties Act. They vary from state to state so what follows here is a generalization. For instance, some states do not cover anything but cars and passenger vehicles. Other states cover RVs or larger trucks. A few states cover used cars but that is less common. If you are in a state with a lemon law that does not cover your product, you might still have coverage under a Federal law called the !!!error: Indecipherable SUB-paragraph formatting!!! , which is a topic for another day.

The typical Lemon Law stipulates that the car buyer is entitled to a remedy if one of two or three circumstances occur. 1) The car is out of service for a set number of days in the first year, usually around 30 and it remains defective. 2) The car is serviced a set number of times for the same problem, usually three or four within a set time frame, and it remains defective. Typically, the problems must occur within the first 18 months or two years of ownership. Or, 3) The car suffers a set number (less than #2) of catastrophic defects – such as brake failure – and remains defective. #3 is the one which is adopted by fewer states. For example, Michigan does not have this. So, my client whose steering wheel FELL OFF IN HIS LAP while driving down the freeway did not qualify under the lemon law the first or second time it happened. He had to wait until it happened a couple more times.

Typical example: man buys car and the engine fails. The shop has it for 35 days to repair because they are "waiting for parts." We have a lemon. Or, the engine fails, is repaired, fails again, is repaired . . . when you hit your state's magic number, you have a lemon.

What qualifies as a defect? Again, this will vary from state to state. Most states say that the defect or condition must "substantially impair" the use, value or safety of the vehicle. Some defects are obvious (no-start, engine failure, transmission failure etc.) while others fall in a gray area (wind noise, water leaks, excessive tire wear etc). There is no bright line on this so you may need to speak to an attorney (see below).

Most states require you to write a Last Chance Letter to the manufacturer to notify them of the impending lemonhood of the car. Note that this goes to the manufacturer and not the seller. Lemon Laws make the manufacturer step up and take care of this. You can usually send the last chance letter before your car outright qualifies. In Michigan, you can send the letter after the car has been in the shop 25 days in the first year or three times for the same problem. You send the letter and the manufacturer usually ignores it. But, if they offer to fix the car one last time, you let them try. They will fail. If they knew how to fix it, it would have been fixed long ago.

However, as noted above, the defect must continue to exist for your car to qualify. If it gets repaired and stays repaired then you don't have a case. If the last repair, however, does not "take," then you are in business. I have had potential clients who suddenly realized that their car – after the tenth or fifteenth repair attempt – might be a lemon. They call and tell me that the car is now running fine. The last repair did it. At that moment, they have no case. If they had called a few repairs back that would have been quite different. The problem must still exist for the vehicle to qualify.

When your car qualifies as a lemon, you are entitled to a replacement (non-defective car of equal value) or to have the car bought back (or, if a lease, to have the lease canceled and unwound). A refund entails the money you put into it, less a mileage offset, usually for the mileage you put on the vehicle before the first repair attempt. In Michigan, the law prorates the value of the car over 100,000 miles so you lose 1% of the purchase price for each 1,000 miles you drove before that first repair. You will also be charged mileage for any miles over 25,000 if the car makes it that far. If the vehicle is being financed, the loan will be paid off and the law requires the bank to cooperate with the transaction.

As a practical matter, many cases settle for cash. The manufacturer offers the consumer money to go away and for attorney's fees. If the consumer is paid enough to make it worth his or her while, this will often make everyone happy. (Manufacturers prefer to not buy back vehicles because of the ramifications of having to dispose of them which is another story altogether).

In a successful action, your attorney fees and court costs will usually be paid by the manufacturer. (The language on whether fees and costs are permissive or mandatory also varies from state to state.) That is how attorneys like me can afford to take these case. Most of the time, my clients couldn't afford to pursue these cases without the statutory fees.

In light of the above, here is what you need to do if you are a new car buyer. Save your purchase documents. Then, if the car acts up, bring it to the dealer and make sure they write it up properly. Get a copy of the repair order and save it. I have had great cases which were severely harmed by a client who brought a car in and was told, "It was covered by warranty. You don't need an RO."

Some states make you go through a state mechanism first – like an arbitration process – before you can file suit. Other states have punitive damages for a successful action. But, as I tell my clients, the courts aren't here to make you rich; they are here to make you whole. The goal is to unwind the deal and get you back to square one. If you think you have a lemon, do a few minutes of research and find an attorney in your state who specializes in this. Ask around. Ask the attorney how many of these suits they have filed. Attorneys who handle these cases WILL talk to you for free because if the case is good and worth taking, they will be paid for their work at the end by the manufacturer. And when you call the attorney's office, make sure you are speaking to an attorney. Some offices let clerks, paralegals or secretaries "screen" incoming calls. If the attorney won't speak to you directly, keep looking. (There is an easy test for this: Ask the person you are speaking with "Are you an attorney?")

(Photo Credit: Getty Images)

Steve Lehto has been practicing !!!error: Indecipherable SUB-paragraph formatting!!! for 23 years in Michigan. He taught Consumer Protection at the University of Detroit Mercy School of Law for ten years. He has been quoted by The New York Times, The Wall Street Journal, and has appeared on CNN and the BBC. His writing has appeared in the Michigan Bar Journal. He has testified before the Michigan legislature several times on consumer-related topics. He wrote !!!error: Indecipherable SUB-paragraph formatting!!! and hosted two different radio call-in talk shows to answer legal questions.

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Steve Lehto also wrote !!!error: Indecipherable SUB-paragraph formatting!!! and !!!error: Indecipherable SUB-paragraph formatting!!! both published by Chicago Review Press. Follow him on Twitter: !!!error: Indecipherable SUB-paragraph formatting!!!

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Jimmy Tango > SteveLehto 07/17/2014 at 11:29

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Thank you for this post, Steve. A quick question, if you put down payment for lease, does those $$ comes back if you were in a Lemon? I saw you describe prorated by miles and lease can be cancelled. But if you put cap cost reduction or even MSD, are those still "your money?"

SteveLehto > Jimmy Tango 07/17/2014 at 11:38

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I can tell you that in MICH you get ALL the money back. Even sales tax. The deal gets unwound. That might vary from state to state but I would certainly talk to an attorney before thinking otherwise.

shop-teacher > SteveLehto 07/18/2014 at 09:39

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Very interesting read. I had a car once ('04 GTO) that would've qualified for the lemon law ... Except I bought it when it was 14 months old with 5200 miles on it. After 31 days in the shop in 3-1/2 months, I was relieved to find a dealer who would trade me out from under that pile.

Thanks for the info.

SteveLehto > shop-teacher 07/18/2014 at 11:00

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The lemon laws have some tricky parts which allow for some to slip through the cracks. Even so, a vehicle that does not hit the lemon law squarely might fall under other laws. Once in a while someone lucks out though - it's better to have it work out like yours did. Although I like what I do for a living, people are better off if they can get a FAIR resolution without litigation.

shop-teacher > SteveLehto 07/18/2014 at 11:32

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I never felt like I was wronged by anybody, just unlucky. The dealer that sold it to me, had shown me the full service/ warranty history. Nothing in it concerned me.

A different dealer did most of the servicing (they were closer), they were great too. I was never hassled, and always given loaners (man I drove a lot of rental cars those few months).

In the end, I was fortunate to find a dealer who felt the car was worth what I owed (most thought I was $3k in the hole), and they gave me a smokin' deal on the Sierra I'm still driving 8 years later.

David Rivers > SteveLehto 07/25/2014 at 23:42

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I was a top wrench in a BMW dealer many years ago. We had a new 735iL in for its 600 mile service. The customer had complained about a drivability issue that I was unable to reproduce. My service director got permission from the customer to drive the car to lunch and elsewhere to see if we could reproduce the fault. We went to lunch together and he drove. He managed to lose control of the car as we were entering the freeway. It was misty, he had jumped on it and managed to spin it into the center devide. Much damage to 3 sides of the car ensued. Air bags deployed. The whole enchilada.

We got it towed back to the dealer. The Svc director called the customer and informed her that we broke her car and we were replacing it. I spent the next 2 days R&Ring the interior on her new 7 with the interior from a different 7 with her desired colors.

Stuff happens.

Peter Olds > SteveLehto 07/26/2014 at 15:53

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Are you available for hire in Idaho?

SteveLehto > Peter Olds 07/26/2014 at 16:18

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I am only licensed in MICH. I am sure there are lawyers who handle these cases in Idaho if you look around a little.

mordred93 > SteveLehto 08/05/2014 at 15:37

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I had a quick question for you in general about lemon laws. If you are able to successfully get a lemon law claim on your car, are you able to sue to manufacturer for costs of tickets due to the defect? I lived in a city with "overeager" police officers and had a car which ran a self test when the car was stopped, and after 2 minutes after the ignition was turned on. This self test pulled 60 amps, and effectively drained all electrical systems in the car (including headlights at night, etc.) while it ran this test. Well this was not so bad, but since I lived near a police station, which was 2 minutes drive away, guess what happened many times. I got tickets for "flashing" my lights at the police officers. I was able to successfully lemon law the vehicle, but wondering about the 4 tickets I got for "improper use of headlamps"?

Windlasher > SteveLehto 08/27/2014 at 14:57

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My brother in law gave us a Honda Odyssey. When I took it in to be looked at, the first thing they (HONDA DEALERSHIP) did was open the door, look at the sticker and announce that this model was Canadian and was not entitled to any recall or warranty work unless I drove it to Canada and had the repairs done there. What a bunch of assholes. There is no difference in the cars at all.

SteveLehto > Windlasher 08/27/2014 at 15:00

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I had never heard of that before. Amazing.

tuhsteh > SteveLehto 08/27/2014 at 18:49

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What i appreciate about this article most is the image of the PT Cruiser. i have never so regretted a purchase in my life!

dperkins001 > SteveLehto 08/28/2014 at 08:43

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So, if the dealer looks at an obvious problem, "can't replicate it", numerous times, but you can show them what it is.... does that just mean that it's time to find a new dealer? Haha. Loose/improperly fitting sway bar end link in my '13 Charger - driver's side clunks like crazy in the bumpy parking lot at work, but the dealer is 40 miles away in a town with nicer roads and I can't seem to get it to make the same noise. Thing is, I had it on the lift at my buddy's garage, and if you bump each side, the passenger side gives you a nice solid bump, but the driver side clunks pretty loudly. I've also been told "it won't affect anything else if it's a little loose, just wait until it gets worse so that you can show us, for sure, what's happening". No attempted repairs, but they never remember, or intentionally forget, to let me show them when it's on the lift... probably time to find a new dealer to get my warranty work done. Multiple complaints about the dealer online, too... some from "raw deals" from purchasing the vehicle, to others about poor service.

SteveLehto > dperkins001 08/28/2014 at 08:45

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WE call that NPF - No Problem Found. Try another dealer but if the problem is there it can still qualify as a lemon. Their incompetence doesn't negate the law.

dperkins001 > SteveLehto 08/28/2014 at 08:55

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I have a feeling that it's just a bad part, though multiple owners on some of the forums claim bad fit by design. Most noticeable after modifying the suspension with lowering springs, etc., but mine is stock, and it's definitely noticeable. Going to try the local dealer, since they're less than a mile from said parking lot at work. I bought the car at a dealership much farther away because a buddy of mine is a salesman there and found me a better deal. I bring it up every couple of months when I'm there for my "free oil changes for life" a.k.a. up to 4 per year for 7 years. Granted, these guys DID spend a lot of time finding a bent, rattling heat shield caused by some standing water, which really wasn't something they need to do for free, but not being able to find that clunk in the front end drives me nuts... especially when I have to listen to it every day...

SteveLehto > dperkins001 08/28/2014 at 08:57

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I always suggest trying another dealer. You never know; a fresh set of eyes can go a long way.

dperkins001 > SteveLehto 08/28/2014 at 09:58

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Great. Thanks for the info/advice!

SteveLehto > dperkins001 08/28/2014 at 10:09

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Thanks for the comment!

metrogtiguy > SteveLehto 09/03/2014 at 21:54

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Steve, you should have put a picture of my Kia Sportage up there :)

SteveLehto > metrogtiguy 09/03/2014 at 21:56

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Poster child for "lemon"?

Oz_jr > SteveLehto 09/10/2014 at 00:18

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Great info Steve. Currently dealing with a potential LEMON in IL. Can you recommend any lawyers?

Oz_jr > SteveLehto 09/10/2014 at 00:18

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Great info Steve. Currently dealing with a potential LEMON in IL. Can you recommend any lawyers?

SteveLehto > Oz_jr 09/10/2014 at 07:03

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Email me directly and I can get you some more information. Lehto@kennon.com. Or, contact me via Twitter: @stevelehto

metrogtiguy > SteveLehto 09/10/2014 at 15:16

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Haha, you nailed it right on the head sir! I don't know if another car can be as lemony fresh as that thing was.

Geo > SteveLehto 09/10/2014 at 22:24

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Hi Steven, I want to pose a similar question. I drive VW Passat 13'. I have very bad experience with this car. Problem has no pattern, it happens very randomly. Car just shuts down whenever it wants to so. While parked, driving, stopping, or accelerating and as I said no pattern observed. I tried to bring this problem up with 3 different dealership. No one was able to find the problem, no diagnosis of 3 weeks helped either. problem never duplicated while car was in service garage. No check engine light is coming up, or any fault indicators. All i have to do is turn off the ignition and start the car, which happens with no problems. Service managers at all locations claimed that car was fine at they were unable to find anything wrong, so nothing was there to fix. What would be the best thing to do, beside looking for a lawyer. can you advise anything, where am I standing? plus I dont have any evidence to prove it (photos or video during occurrence) beside my honesty and word.

SteveLehto > Geo 09/11/2014 at 13:04

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That's a tough one. I've had cases like that but they can be difficult. Has anyone else ever witnessed it - passengers etc? The car has no black box? Could you ask the dealer to install one (a flight recorder)? Sometimes they will do that.

AZRCD > SteveLehto 09/26/2014 at 16:07

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Steve, do you have any manufactures that you find are more cooperative and giving when customers are having issues? I ask because I went though a 10 month ordeal with Ford. It's a long story, but did end up with them repurchasing the vehicle. Anyway, while dealing with that, I heard from numerous sources including attorneys, that Ford was one of the more difficult "ones" and that apparently no one can come close to Toyota when it comes to going above and beyond to make customers happy, particularly if just a little bit of pressure is applied to them.

Having had this experience with Ford it's now something I'd like to consider when buying cars. Well, okay maybe not exactly because I'm also a car nerd and my dumbass went out and bought a Fiat Abarth to replace the Ford and it looks like it's going to need a clutch at 3,400 miles due to a failed pressure plate (this is my guess, it's all TBD, service appointment is upcoming.) Actually I really love that car, and I expected it to have issues, so I'm not upset... yet. Point being, when we go shopping for the Wife's car, I'd like to keep this in mind.

SteveLehto > AZRCD 09/26/2014 at 16:12

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Strangely, no. I hear from enough attorneys in other states to know that this varies from state to state. That is, one manufacturer might fight cases in MI but not WI while another mfr is the opposite. Either way, the odds of getting a lemon are mathematically low. Just do some research and find out how the cars you like compare on quality etc.

AZRCD > SteveLehto 09/26/2014 at 16:25

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Thanks for the reply. I hadn't heard about the state to state thing actually, though since the laws and judges vary it makes sense. When I was dealing with Ford here in NY, the attorneys strongly suggest taking the case to arbitration if I felt comfortable with paying their fee, since as you may know, or in NY anyway, when you arbitrate there is no provision for the attorney to re-cope any fees from the manufacture. They said the benefits were 3-4 or so months waiting time where a court case could take 3-4 years, and that the arbitrators were used to dealing with these issues while often the judges hadn't handled many to any lemon law cases. In the end, I just hounded customer service, it also probably helped that my car sat at the dealer for over 6 weeks in a row twice plus being there for over 2 weeks several other time. And finally I think I was actually pretty lucky to get the result I did.

SteveLehto > AZRCD 09/26/2014 at 16:28

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Part of the problem is that every manufacturer seems to break the area up into regions and those regions are overseen by case handlers within the company. Those people make the call on how the cases will be handled in each particular state. And there is no telling what motivates or influences them.

AZRCD > SteveLehto 09/26/2014 at 20:06

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Yeah, absolutely agree, in addition to that I can tell both from my mentioned experience and because I also applied for that job with Ford (didn't get it and might have dodged a bullet there too,) they move those people around a lot and frequently. In the 10 months this took there were 4 different regional reps that came and went. Without notice too, and it's not like this stuff was handed off to them, so every time a new one came in it was like starting from scratch again, even though I had a case ID etc. Funny enough there was one rep who was either fired or quite, for about a month they kept insisting that he was my rep, but his voicemail no longer worked and there was no way to get in touch with him. But you also already know, and have even written for this site, that they are not trying to make this an easy or quick process. It will say to Ford's credit once they agreed to repurchase that actual transaction was handled by a 3rd party company they have for that specific purpose, and they were very nice and just took care of. That part took about a month, but was actually the easiest bit of the whole deal.

4wsprelude > SteveLehto 09/26/2014 at 21:30

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Thanks for the tip Steve! Guys like you make the net a much better place.

SteveLehto > 4wsprelude 09/26/2014 at 21:37

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Thanks for the note!

Bill Haigh > Peter Olds 09/29/2014 at 14:16

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Back in the early '90s, I was a Chrysler mechanic at a large dealership in Twin Falls. One of our customers had a new Stealth R/T DOHC (non-turbo) 5 speed that he had ground off the teeth from the reverse idler gear, which then got embedded into all of the transmission's bearings. I ordered 6 bearings, a new gear, and some seals. And the car sat. And sat. And sat.

Then one day my service manager comes to me and says "The parts are expecting in on today's truck, I need you to wrap it up *TODAY*, because tomorrow is day 30 and the customer is already grumbling about Lemon Law". I told him that if the parts came in, I could get the car done, no problem. As luck would have it, the truck showed up at 2:00 PM, so I hustled to reassemble the car. A quick test drive at 4:45 and I clocked off that ticket, making the service manager happy. We were open until 6:00, so I went back to my area and started to work on another ticket. (I had *6* transmissions apart at one time)

About 5:30, here comes the Stealth back in, on a tow truck. The driver pulls up behind my stall and asks "Where do you want it?" My mind is racing, doing a quick check of all the possibilities.... I remember pulling fluid in it, I remember tightening those bolts, I remembered doing *everything*, WTF did I forget??? The tow truck driver said "You might want to see the driver's side", so I walked around the front of the tow truck and noticed the left front wheel was caved in HARD and the strut was driven back into the floor. I blurted out "It wasn't like that when I parked it!!"

Just then the service manager came out to get the VIN & mileage. I was still dumbstruck and asked "What.... happened?!?!" He pointed to the owner who was walking behind, nursing a cup of coffee. I pointed to the car and asked him the same question: "What.... happened?!?!"

He said he had just picked the car up, got his kid from day care and they were heading home. He lives down a twisty road and he remembered how much fun the car was to drive when........ he rounded a corner and saw a cinder block sitting in the middle of the road. Too fast and not enough time to swerve, he hit it, went up on 2 wheels, landed, and spun around to an abrupt stop. Everyone was OK and we all laughed when I pointed out this would not be covered by Lemon Law. ;-)

SteveLehto > Bill Haigh 09/29/2014 at 14:30

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A moment of terror followed by laughs. Great story. Did the transmission stay together after that?

biker > SteveLehto 09/29/2014 at 19:46

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well I have a great one for you, I purchased a car brand new in 1985 however it was a demo, it gave me huge problems, 4 or 5 alternators, first one the week I bought it, left me stranded & walking as I was miles from my house in a thunderstorm, back in days before cell phones, & I suffered many breakdowns, & left stranded many many times, for a few examples, the engine wiring harness burned, blew a head gasket, had to have 2 heads over the course of driving it, after last head it smoked & left blue smoke trail where ever it went, the seat pulled through the floor, before the recall was issued, & a half ass repair, & they wouldnt do the recall because it was "fixed" the windshield leaked water, sunroof leaked, the doors leaked, rear side windows leaked, & rear hatch leaked, they replaced seals several times & couldnt get it to stop leaking water to inside after it rained, & it did this since it was new, & the engine had intermittang problems refusing to crank & body cracked from stress. I parked the car in 1988, with under 24,xxx original miles & it still sitting in my backyard, & I use every chance I get to tell how bad General Motors did me, & how bad this car was, & this is a Pontiac, & I still would have all the records, but they are packed up somewhere, I am probably missing a few, but people argue with me because for the most part I buy foreign, & they wonder why? because of this poor piece of junk car I paid almost $13,xxx for as a teenager, & got something I couldnt drive, or go anywhere because of not being able to trust it, & it sorta made me what I am today, a biker as I relied on my motorcycle, more than my vehicle, & I have always had decent bikes even when American built.

well by the time I tried to do the lemon law, I was told it was good for 1 year, & that the 1 year started from the day car was made a demo, not the day I purchased it, which was a demo for 7 months before I bought it, unfortunately I was a young kid when I bought & gave a very large down payment my dad had died & I gave my insurance check, & financed the rest for just over 1 year, so I couldnt force the dealer to take it back, & they knew the problems & didnt want it for a trade in, finally after being stranded 1 too many times I parked it & have never touched it since, technically I know I could fix, but I probably never will, I will keep telling how bad GM did me & have this to show as an example.

SteveLehto > biker 09/29/2014 at 20:02

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I hear similar stories all the time, of how a bad experience will turn a consumer off for life. Thanks for posting.

GreenN_Gold > SteveLehto 10/06/2014 at 18:53

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My vehicle (purchased new) is on its 3rd throw-out bearing, and this one is starting to protest the same way the last 2 did. I wonder if I have any recourse. It was "fixed" under warranty both times at the same dealership I bought the car from.

SteveLehto > GreenN_Gold 10/06/2014 at 18:58

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What state are you in?

GreenN_Gold > SteveLehto 10/07/2014 at 11:07

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WA State.

SteveLehto > GreenN_Gold 10/07/2014 at 11:09

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Consult with a local lemon law attorney (run that search: Washington Lemon Law). Good luck.

JuanPablo046 > SteveLehto 10/07/2014 at 17:59

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Too bad we don't have similar laws and practices here in Chile. I bought an S1000RR december/2013, first failure january/14. It was repaired several times but the issue was still there, finally it was left at the dealer for repairs for the last time in march/2014 and the motorcycle is there until now. 1.000km and one month, the rest of the time (almost 10 months) it's been at the dealer's workshop.

titsinmymitts > SteveLehto 10/13/2014 at 15:57

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Hey Steve,

I don't know if you're still responding to this article or not. But, I have a question for you.

I sent in my lemon law letter to Ford in the middle of September. I received a prompt call back from a Legal Analyst at Ford asking when the fourth (courtesy) vehicle repair could be scheduled. We settled on last Thursday.

So, tech comes out to look at car. Does not work to it. My understanding is he drove it for 30 miles to inspect it (per service department advisor's testimony) and then brought it back before he left.

I received a follow-up call the day after the repair (last Friday) from the legal analyst. She asked what I would like to be done next. I asked for a replacement vehicle of the same model and trim that my current defective car was in. She stated that the "evaluation process" for my car can take up to three weeks, but that it sometimes can take a shorter amount of time. I guess they have to gather documentation on my car or something—mostly just stalling.

My question is, how likely am I to be provided a replacement car at no cost? Is it more likely I'll be offered a refund again instead? I'd prefer to get a replacement car, but wouldn't mind a refund.

From my conversation with the analyst, it's clear that Ford knows my car is royally screwed up, otherwise I think I would have been dismissed with a "oh, our engineer found nothing wrong." So, I don't think they'll be dodging action further.

SteveLehto > titsinmymitts 10/13/2014 at 15:59

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I respond to everything! What state are you in?

titsinmymitts > SteveLehto 10/13/2014 at 16:04

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I am in Iowa.

SteveLehto > titsinmymitts 10/13/2014 at 16:35

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Can you email me directly? Lehto@kennon.com

There is a lot of info that would be easier to communicate that way.

titsinmymitts > SteveLehto 10/13/2014 at 16:54

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Absolutely. Thanks, Steve!

Charge It! > SteveLehto 01/30/2015 at 22:40

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http://www.apa.ca/CanadianWarran…

Charge It! > SteveLehto 01/30/2015 at 22:42

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http://www.apa.ca/CanadianWarran…

AGBullit235 > tuhsteh 02/09/2015 at 13:55

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Hah, agreed! My wife had one from new, whew what an odyssey that was!

Ziv > SteveLehto 06/20/2015 at 10:45

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Hi

If I have a new Range Rover I my first 6 month in a worentty

The transsmition make problems

The Land Rover call all 2014-2015 for a softwer update for the transsmition back to the shop

My car still not work properly after 2 times in the shop

Now they do more checkup and if this not going to work properly they want to replace the transsmition

This is ok or I have a case ?

SteveLehto > Ziv 06/20/2015 at 11:00

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What state are you in?

Ziv > SteveLehto 06/22/2015 at 05:02

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California

Ziv > SteveLehto 06/23/2015 at 01:36

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Please replay

The car Is still in the company garage

For one week now

SteveLehto > Ziv 06/23/2015 at 10:21

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I am licensed in MICH. Contact a lawyer in CA as I cannot render advice in that state.

SueAnn > SteveLehto 07/11/2015 at 19:28

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I’m having issues with my 2012 Chevy Sonic. Its in for repairs now, but was told on one of the repairs that GM wouldn’t cover it under warranty as “not enough” wrong to replace part. Car has a little over 19,000 miles and the rotors have rusted. Dealership said best they could do was “resurface” the rotors, which is just a temporary fix. They’ve completely ignored that I’ve told them the car is losing power. I pick the car up tomorrow.

What do I do if the car isn’t fixed? Do I have a case for lemon law?

SteveLehto > SueAnn 07/11/2015 at 19:39

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What state are you in?

SueAnn > SteveLehto 07/12/2015 at 16:02

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I’m in Michigan, the U.P. to be exact...

SteveLehto > SueAnn 07/12/2015 at 16:12

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Where in the UP? Just curious. Email me directly and I can talk to you more about your situation. lehto@kennon.com

Faulknem9650 > SteveLehto 10/09/2015 at 03:30

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I have a question... what happens when you buy a car at a dealership but through a private owner (a personal car from the lady who works at the dealership) And they show you they had just got it state inspected and everything but they sale you the car through a DMV... saying nothing is wrong with it and then BOOM, you begin to have.problems with the car .

SteveLehto > Faulknem9650 10/09/2015 at 06:54

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So the car is used. But who is listed as the seller on the paperwork? If it is an individual, it is irrelevant where that person works.

In most states, sales by individuals are presumed to be As Is. Check with a local attorney to be sure.

jessica_saylor > SteveLehto 11/05/2015 at 14:53

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I bought a used Volkswagen GTI 2008 in 2012, had one previous owner for 7 months. The water pump went out and was repaired under manufacturers warranty the first time. Then has been repaired 5 more times under part warranty and the last time it was repaired to extend the part warranty and now it still broken. Is there anything that can be done in my case? Any information would be appreciated...

SteveLehto > jessica_saylor 11/05/2015 at 15:06

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Depends on the state you are in. Which is?

jessica_saylor > SteveLehto 11/05/2015 at 15:08

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California

SteveLehto > jessica_saylor 11/05/2015 at 15:09

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Call a CA lemon law attorney and see what they say. I bet there is something you can do.

jessica_saylor > SteveLehto 11/05/2015 at 15:17

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Ok thank you!

Zackattack84 > SteveLehto 02/22/2016 at 20:52

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Hi Steve, any advice you could give me would be greatly appreciated. I had a pickup that I loved but it had too many issues for me to keep. My wife and I just had our first baby and we decided it would be best to buy a brand new car that we could rely on. I bought a brand new dodge dart and that’s where the problem started. I’m having lots of problems with the car and at a loss for what to do. The dealership is saying to put me into something else I will loose $10k even though I only had the car for 40 days and out only has over 3,000 miles total on it. It has been at the dealership getting worked on now almost 2 weeks. The heater was going out fast to where I couldn’t leave it on or it sounded like a diesel truck and the car had stalled on me 3 times driving down the road.

SteveLehto > Zackattack84 02/22/2016 at 21:07

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What state are you in?

Nita Lemon Law Firm > jessica_saylor 04/01/2016 at 18:38

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If you have problems with a defective vehicle, you have numerous consumer rights under California Law that protect you, so that you are not stuck with a lemon vehicle. Nita Lemon Law Firm can help you with your car problems free of charge.

To see if you qualify for a Refund, Replacement Vehicle or Cash and Keep settlement, please call (877) 921-5256 or fill out our FREE Lemon Law Case Evaluation form at nitalemonlaw.com .

dubbs693 > SteveLehto 04/06/2016 at 15:50

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In NY, bought a 2014 Jeep Grand Cherokee as a Certified Pre Owned vehicle from a Jeep dealer. Since taking ownership I’ve had issues with the front end, had a hum/vibration that was extremely annoying. I’ve brought it back 3 times to the dealer and they’ve done a few things such as rebalance the wheels, align the car twice now, and check out the hubs. What I noticed is they switched the front and rear wheels and now the Jeep shakes rather violently above 65mph. While inspecting the wheels, I noticed that there are small dents in the wheels. Even though the wheel & tire package that I bought was sold to me saying that even if I curbed the wheel while parking it would be covered, I come to find out that it is not. The wheel has to be dented enough to not hold air. I went back and looked at a photo I took of the Jeep the day I purchased it and those dents are there. Do I have any recourse here?

ShushiHolic > SteveLehto 04/19/2016 at 19:05

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I’m sorry if this has been answered already!

I just bought a Used 2014 Ford Focus a few days ago at an Audi dealership. When they sold me the car, they told me there was no modifications on the car and everything was original and nothing was on the CarFax about modified parts. I took the car in today and found out that the car has a modified turbo and exhaust part. The Ford dealership told me that it would be around $500 to replace the turbo parts with regular manufacturer items but they don’t know if it would even work .... if not it would cost around $2500 to replace the turbo. The Ford dealership write me up a report to bring back to the Audi dealership due to Audi mislabeling the car. is this covered under any laws for mislabeling a used car?

SteveLehto > ShushiHolic 04/19/2016 at 19:14

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What state are you in? The real question is what the written documents say. Many used cars are sold with very simple purchase agreements which protect the sellers from almost anything.

KMoss > SteveLehto 09/22/2016 at 00:01

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Steve,
We are currently on our 6th attempt to resolve various issues with our 2015 GMC Sierra in Florida. The dealership has tried on several attempts in the past week to persuade us to trade in this vehicle on a newer model with a higher price tag resulting in higher monthly vehicle payments. We have all of the service records both standard maintenance and those for the various issues including the truck’s “body control module”. The truck has less than 25,000 miles. We’re fed up with the lack of empathy from the dealer and don’t know what to do next. Thoughts?

SteveLehto > KMoss 09/22/2016 at 08:44

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Contact a local attorney. The dealership is not under any obligation to take care of you under the lemon law. It is the manufacturer that is on the hook.

McMazyad > SteveLehto 12/19/2016 at 19:57

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I bought my Hyundai Sonata 2015 and it has now 23500 miles on it. 2 days ago there was a noise coming from the engine as the car accelerate the noise gets louder. I took it to the dealer and they told me the engine need to be replaced under the warranty. Now, Do I have a right to ask for a new car instead of replacing the engine? The car is financed.

SteveLehto > McMazyad 12/20/2016 at 08:16

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Depends on which state you are in and the timing of the repair with when you bought it.

McMazyad > SteveLehto 12/20/2016 at 12:46

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Virginia, and dropped the car at the dealer on Monday and they gave me a loaner car until the car is fixed. My question is that, Do I have the right to ask for new car instead of installing new engine? Thank you

Ambo > SteveLehto 02/15/2017 at 18:24

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Hello Steve, we have a 2016 Honda HRV that was purchased on May 2015 brand new in the state of Nebraska. We are currently living in Oklahoma and the car is registered here in Oklahoma. However, several months ago I noticed an oil leak that I had the dealership here in Oklahoma check it out and fixed it under warranty. Furthermore, a couple of thousand miles later, an oil leak appeared on the same area and they “fixed” it again. Lastly, another thousand miles the problem is back in the same spot. Now I am about to schedule to have the car serviced with the same problem the third time. If the 3rd attempt to fix it does not take care of the issue, where do I file a Lemon claim? the state of Nebraska or in Oklahoma? Thanks!

SteveLehto > Ambo 02/15/2017 at 20:40

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Don’t know off the top of my head. Call a few local attorneys and find out. You can often file in either state.

Shilo23 > SteveLehto 02/25/2017 at 10:50

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Hello Steve, I just purchased a 2017 Toyota Carrolla back in December and I’m having problems with the computer screen on my dash. It’s lights up, goes dim, and sometimes even goes black. I know that doesn’t sound serious but for a new car it shouldn’t be having problems. I took it in to the dealership where they stated they were able to see what it was doing and so called “fixed” the problem. The problem is still occurring and I am now taking it in for the second time. I know this is not a problem with the engine itself so I’m asking you should I even consider the lemon law if the problem persists?

SteveLehto > Shilo23 02/26/2017 at 12:28

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Yes. It doesn’t have to be the engine to qualify as a problem for the lemon law. Depends on what state you are in but save your paperwork for each visit and keep bringing it back in for repair.

Leest > SteveLehto 03/02/2017 at 18:42

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Hi Steve, I just purchased a 2017 Honda Ridgeline in January of this year and I am having problems with the tailgate. This pick up truck tailgate can open from upper handle and open side way lower right handle. When I open side way and close the tailgate, it make a loud rattle coming from the tailgate panel. Its annoying when you close the tailgate sideway. I have taken the vehicle to the dealer the have it repair 4 times already about the rattle noise and they can not fixed it. Is this even consider a lemon vehicle? I lived in Minneasota. Anything helps.

SteveLehto > Leest 03/03/2017 at 08:09

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Hard to say if that problem will meet the threshold. Consult a local attorney since that is one of the things which varies from state to state.

Leest > SteveLehto 03/03/2017 at 22:40

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Ok. Thanks

Metalchef94 > SteveLehto 03/08/2017 at 00:46

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Hi Steve,

I’m in absolute panic right now,

I bought a used car on Saturday of this past weekend,

A 2002 Pontiac Montana mini van for me my wife and 2 young daughters aged 5,10.

At 1500$

Listing said everything works all new brakes tires tie rod control arm starter

Very hot heat!

I took an Uber from st Clair shores to Grosse Pointe woods where he was located.

I test drove the car for at least an h,

Neighborhoods express way stop and go traffic.

Let it sit while i talked to him about the heat not working it was 50 degrees Saturday so if it can’t heat up in that weather???

I told him replacing a heater core would be expensive!

He would not budge from 1600.

I’m stuck with no car and 2000 in my pocket I had to get this car even if it did need a heater core.

It’s all the money I had and I couldn’t keep taking Uber 6-8 times daily for kids to get to and from school,

My wife to and from work.

And me as well to and from work!

I make the deal write up a receipt and headed to Secretary of state on metro Pkwy,

Its the only one open on Saturday!

I get on 94,

Call my wife excited and it overheats!

It slows down drastically with no acceleration,

I get off on 10 mile to go home and it stalls out....

I finally take it in today and it needs a head gasket,thermostat,tie rod on left side oil was overfilled as was the coolant.

Basically the car is fucked,

And so am I.

Mechanic told me I’d been had.

Someone rigged it together so it would make it out of his driveway and probably not to mine

Please help me!

My daughter is embarrassed because we have no car and the kids ask why she is always walking...

My heart is breaking

Rich

586 563-8863

SteveLehto > Metalchef94 03/08/2017 at 13:42

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It’s still a used car that you bought as-is. If you could prove that the seller hid those defects from you or lied to you then you may be able to sue him successfully in small claims court. But hiring an attorney would not make any sense because the legal fees would be more than the van cost.

Good luck.

rwkutz > SteveLehto 03/29/2017 at 14:41

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Rwkutz>

Hi Steve, I have a 2014 Ford Focus that has been in 5 times for Transmission issues. I am about to take it in again for the same problem, the car stutters on acceleration. I just complained to the dealer about having to bring it in again and they referred me to Fords Customer Relations. Not sure what to do, any suggestions

SteveLehto > rwkutz 03/29/2017 at 19:31

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Depends on what state you are in and if you bought it new. Varies wildly from state to state.

Nichol > SteveLehto 04/05/2017 at 13:11

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Hello Steve,

I bought a Jeep Wrangler in June of 2016 from a dealer in Muskegon, MI. But I live in NWI. Two months into owning the car, I noticed it was leaking. The Jeep has acually been in the shop 7 times but the service manager only ran the repairs through the system 3x’s. The car is currently there, on its 4th time (according to paperwork) but like I said it’s actually the 7th. The leak has only gotten worse since it began and I have photos and video documentation from the beginning. Now Chrysler has called in reinforcements to fix this leak and this is the 10th day (this time) it has been there. The Jeep smells like dirty feet, condensation is all over the inside of the car and the floorboard has been soaked since I have owned it. Do I have a case?

Nichol > Nichol 04/05/2017 at 13:12

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I bought the vehicle new, it’s actually a 2016.

SteveLehto > Nichol 04/05/2017 at 14:11

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Sounds like you do have a case.

Britani > SteveLehto 04/17/2017 at 16:15

2

Hey Steve

I’m from Chicago hopefully you can help me . Me and my spouse financed a 2008 Nissan Maxima for only 8k . The dealership gave us a 30 day warranty (have a feeling like they knew the car was fucked up so they provided us with this warranty) . In those 30 days the car was spilling radiator fluid/antifreeze we took it back before our warranty expired it was in the shop for about 4-6 days we would call everyday to check up on our car but they would only tell us it’s still not ready just due to a check engine light coming on told us it was a minor problem with our radiator we didn’t take it seriously since our dealer said everything was going to be okay. 30 days later our interior lights go out ,small fuse we didn’t take serious everything else seem to be fine ,3 months later maintenance check oil warning shows up on our screen ,car started jerking when accelerated but it would go away then come back husband said it might be due to the oil so we finally decided to take it in three weeks later since the car just started rattling out harder then before , we took it in to our trusted mechanic he made sure Car was set and ready .  3 days later me and spouse are driving on highway at less than 60 mph and car sounds like it ran over a snapping belt sorta noise and car doesn’t break and started smoking up we get out to see it starting to go up in flames . We lost our car we still financing ,what exactly can we do now ? It’s only been less than 5 months and the car is gone to ruins

SteveLehto > Britani 04/18/2017 at 12:31

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I have no idea about the laws in ILL. Contact a local attorney. But it might be tough since the car was used.

Alma > SteveLehto 05/26/2017 at 09:49

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Hello steve,

Well steve I would just want to know about lemon law ..I got a attorney months ago and he got me back some money.. Fees are cover by the manufacturer.My attorney took half of the money that they give me, So is that the right way for the attorney take half or the manufacture had to pay him separate and plus courts..

SteveLehto > Alma 05/30/2017 at 19:31

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Depends on the state you are in and what kind of retainer agreement you signed.

RC Hogan > SteveLehto 08/21/2017 at 13:53

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Hi Steve,

My name is Ronnie Hogan and I purchased a 2015 ram 1500 laramie longhorn 4x4 truck after my 2014 Ram 1500 had a bent frame from yhe factory.

For apparently 1.5 Years and more than 25 times in the Service Dept. Ive been taking my truck in for Suspension and driver’s seat issues. Each time I take it in nothing is done or it comes back worse than before. I called caled Chyslers Customer Service Dept , and the schedule an appointment for me to take my truck in on the 7th. At this time I described yhe problems with my truck and I dont want to have to continue taking it in and nothing is resolve. The lady customer service advisor asured that it would be fixed and a special team ( STARS) would be taking care of it. On the 9th or 10 th of this month the service ad from Titusville Chysler and Jeep called me and told me my truck was fixed, theirs nothing wrong with my seat and the suspension if fine, all that was needed was an air pressure adjustment. At this time I told that cant be true and went through my probles woth them again. At this time I called The Corporate Chysler Customer service specialist on the phone and told them what the dealship told me and also told her that the suspension and driver’s seat tisues needed to fixed, its much more than an air pressure problem.

On the 17th. I was told that chysler is not going to continue paying for the rental car and they would be reporting it as stolen if I dont take it back, they also stressed that I would be charged daily for my truck being at the dealership.

Im so feed up with this truck , I csnt afford to continue taking my truck into the service department, im llosing money evey time this is done. So, I returned the rental car and picked up my truck . The next day I called Chyslers  Customer service again and told the service specialist that My issues havent change and I still need this fixed

At this time I was told they will not set an appointment for me to take my truck in because the dealership says theirs nothing wrong... this is rediculess. All I want is to have the truck fixed and like what I purchased.

I would appreciate any help you may be able to provide me with these problems.

Sincerely,

RC Hogan

Rchogan13@gmail.com

SteveLehto > RC Hogan 08/22/2017 at 07:59

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What state are you in?

Kimberly > SteveLehto 12/13/2017 at 13:18

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Hello Steve, I have a 2014 Jeep Cherokee I bought brand new in October of 2014 and now I am having issues with the transmission and shifter. It’s been in the dealership pretty much most of November and now again I am bringing it back to the dealership for the shifter saying it’s not working and needs serviced. It’s still under the original factory warranty but I am tired of going back and fourth to the dealership once a week for them to fiddle around and say they fixed it when they haven’t. Is there a time frame when the vehicle is too old to be considered a lemon? It’s had a few recalls that I had it serviced for but nothing like this. They keep putting me in rentals but I just can’t keep doing this. I live in Kansas and have done a little looking into it but I am curious if I do have a case to make it a lemon?

Thanks for your help!

Lenh > SteveLehto 04/12/2019 at 23:31

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Hi Mr. Steve. I’m from MI. This the problems I have been having with my truck. So far this’s what’s going on right now. Please see what you think.

I have a 2015 F350 6.7L been having few issues with the truck. I got this truck brand new in 2015. 1st issues was truck was going into engine power reduced few time. Was driving on the expressway at 75 mph all of sudden engine reduced drop down to 10 mph in the middle of the expressway and shutdown . Good it the the dealership and they told me that they was on the hot line with Ford engineering and was told to change to defense oil and I will have to pay $250 for the oil change and the truck only has 2693 miles on it. Lose a day for work. I declined it and was told they’re waiting on the Ford engineer to investigate on this issues, dealership clear code and told me it was fine. I drove it home did the oil change myself. It continue to have this issue off and on. I had to shut the engine off and on everytime when when happened than it was fine. I haven’t heard nothing from the dealership or From Ford engineering about this issue. I drove it like this for a year and than I went to another dealership they told me to do the same thing. Few months later CCV issues show up and was at the dealership again. I was told that the internal of the CCV unit was bad and it needed to be fix so the did. Check engine lights was gone when I drove home than few days later check engine light show again. Missed a day of work just for that. I didn’t want to mis work I had to drive it like this for few months until last month I heard a loud bang under the hood and the truck wasn’t making any boost and ever time when I started up it work smoke up the whole block of my street and it was running rough. I than took the truck to another dealership and they found out that the dealership that replace part in side of CCV unit put it in wrong way and this dealership had to replace the whole new CCV unit plus they found 2 bad injectors and 2 broken hold down c clamp for the injectors. Mine me I only have like 75,600 miles on this truck still I had to pay $250 for them to check it out. So they did replace and repaired those issues. I came to pick up the truck and when I started up it was running a little rough and was told that the injectors has some air pockets unit and needed to drive it for couples day to clear out. I took it home that day and went to work, when I left from work I heard a loud noise under the hood again sounded like the last time when the hold clamp broke. I limp home than took it to the dealership, now they are telling me that #6 same injector issues last time has low compression 200 psi and it should be above 300 psi. They was on the hot line with Ford and was told that they had to tear the motor down to check what is the cause so they will let Ford knows if it will be cover under warranty. Plus I had to sign an approval to have it tear down cost was around $5000. I do have an extended warranties on the truck. Plus I was told if Ford declines my warranty I would have to pay for the r&r of $5000 myself that putting everything back together not being fix. I do have all the documents of all the issues of the complaint when I took it to 3 deference dealership. By the way with in the pass I bought 2 brand new truck for Ford within 10 years, that was like around $140,000 plus 2 Ford Mustang too. I’m hoping Ford will stand up and do the right thing by replacing my truck with a new long block under warranty. I have been always a Ford die hard guy. No regrets. Worst come to it is if Ford declines my warranty than I have no choice but to get an attorney involved with this issues. Sorry for the long stories. Any advice would appreciate Mr. Steve . Thanks