I purchased my Honda in 2006 with an extended warranty. Recently it has been in for the same repair 5+ times due to staling and not starting. It obviously has an electrical issue, but the dealership claims that nothing is wrong with it. Do lemon laws only apply to cars in the first year after purchase?
Generally, lemon laws only apply during the first year or so, and the first 12,000 miles or so, after the first retail sale (and sometimes lease) of a passenger vehicle. After that, you may stil have breach of warranty claims or breach of contract claims or other claims, but the lemon law qualification under state lemon laws requires you meet that early qualifying period. Every state has its own Lemon Law and whether your vehicle is a lemon depends on your law and the facts of your case. In Colorado, the qualifying period for a lemon is generally during the first year(4 unsuccessful repairs or 30 business days within shorter of 1 year or warranty). You can read an outline of your state's Lemon Law on this web page here: http://ohiolemonlaw.com/state-lemon-law-summaries.htm. There is also a federal lemon law that covers almost all consumer purchases and it can help you too; it's called the Magnuson Moss Warranty Act. Some state lemon laws only cover vehicles purchased new and other state laws (like Ohio) can cover used or new, so you have to read your state's particular law to know what your legal rights are. Generally, all state Lemon Laws require that you return the vehicle to the manufacturer's dealer for repair attempts at least 3 or 4 times for the same defect before you can claim it is a lemon, although there are other definitions of what a lemon can be in some states. If you do have a lemon, then you probably have the right to chose between getting your money back or getting a replacement vehicle. You should talk to a Lemon Law lawyer near you. Call your local attorney bar association and ask for a referral to a lemon law lawyer near you. Or you can check this web page for a Free Online 50 State national List of Local Lemon Law Lawyers (they don't pay to be listed here and most of them are members of the only national association of consumer law lawyers): http://ohiolemonlaw.com/locate-a-local-attorney.shtml. Also, for every legal right you have, you only have a limited amount of time to actually file a lawsuit in court or you automatically lose (it's called the statute of limitations), so don't waste your time getting to an attorney and finding out what your rights are. If this answer was helpful, please give me a thumbs up review below. Ron Burdge, www.UsLemonLawyers.com
In Colorado, the lemon requires fixing pursuant to the statute during the longer of 1) the vehicle manufacturer warranty, or 2) one year after purchase.
Here is the statue:
42-10-101 Definitions.
As used in this article, unless the context otherwise requires:
(1) "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle normally used for personal, family, or household purposes, any person to whom such motor vehicle is transferred for the same purposes during the duration of a manufacturer's express warranty for such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.
(2) "Motor vehicle" means a self-propelled private passenger vehicle, including pickup trucks and vans, designed primarily for travel on the public highways and used to carry not more than ten persons, which is sold to a consumer in this state; except that the term does not include motor homes as defined in section 42-1-102 (57) or vehicles designed to travel on three or fewer wheels in contact with the ground.
(3) "Warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.
42-10-102 Repairs to conform vehicle to warranty.
If a motor vehicle does not conform to a warranty and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during the term of such warranty or during a period of one year following the date of the original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranty, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period.
You can find the rest of the statute on line.
Some attorneys sell unbundled legal services where you pay for just what you need and can afford. For example, some attorneys will give you an hour or two at a set price to review your lease and give you advice based on the law, prepare letters for you to sign, or sell the paperwork for the court filings, then you can go to court on your own, but knowing that your paperwork is correct.
Good luck. jim
www.NeighborhoodLawOffice.com
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