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Lemon Law what do i have to do???

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Old Jul 6, 2004 | 09:23 PM
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BaLListic_EVO's Avatar
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Lemon Law what do i have to do???

ok right now im looking at going lemon law on my car. So far it has been in the shop 22 business days for the same problem. and now im being told it will be 3 more weeks because parts being on backorder. in my state they require it to be 20 business days for lemon or returning for 3 or more times for the same problem without correction. I have been back 2 times for the same problem and the damage is actually the dealers fault. They then sent me to another dealer because it turned out they were not qualified to even put the clutch in. But in the process they messed up alot more stuff. Its going to be about 1400$ total for the repairs and in the process they cut a hole in the bell housing to replace the clutch and covered it with sheet metal. If anyone else in Nc or in Surrounding states can help i would really appriciate it i need a lawyer because i cannot seem to find one locally that will take the case without lotsa cash upfront. These are regular attny's but lemon lawyers wont return my phone calls. Oh yeah and all this time with them messing up stuff they didnt provide a rental for me either. Actually went and bought a piece of **** $350 honda yet still having to make payments of $581 to watch my car sit on a lift and me drive a real turd with no AC........ Im being screwed here royally is all i can say............
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Old Jul 6, 2004 | 09:32 PM
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google is your friend. lemon laws vary by state, give it a search and find out.
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Old Jul 6, 2004 | 09:32 PM
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LEMON all the way
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Old Jul 6, 2004 | 09:35 PM
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Fu$#@ dealers
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Old Jul 7, 2004 | 03:54 AM
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yeah these are the events excluding some of the ******* actions dealer 1 tried to pull... can i state my own terms when it comes to getting the new car...? or will i be refunded for the clutch i just paid to have installed? like can i say i want this car. new clutch and a new set of tires? or should i just make them do a buy back pay it off and get another down the road some time????
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Old Jul 7, 2004 | 07:17 PM
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I know in texas you're entitled to a new car or a cash compensation. But think the qualifications are a little more stringent. My dad's BMW was about to qualify but the mileage was too high (he sells real estate.) Good luck, i'd like to know how things work out for future reference.
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Old Jul 7, 2004 | 08:15 PM
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From: North Carolina
Here is North Carolina's Lemon Law:

When is a Car a Lemon?
A vehicle is a lemon if it is "seriously defective" and could not be repaired in a "reasonable number of attempts."

"Seriously Defective"

A serious defect is "any defect or condition or series of defects or conditions which substantially impair the value of the motor vehicle to the consumer." The defect must be in a part of the car covered by the manufacturer's express warranty, but it is not limited to things which make the car driveable. Leaks, lack of air conditioning or heat or serious paint problems, to name a few, could be defects which substantially impair the value of the vehicle to the buyer.

Also, in order for the vehicle to be seriously defective, the defect must have appeared within the express warranty period. The lemon law requires all vehicles to have an express warranty of at least twelve months or twelve thousand miles. If the express warranty period exceeds 24 months or 24,000 miles, the consumer's right to a replacement or refund is limited to defects which first occur within that first 24 months or 24,000. For warranty defects which occur after within the warranty period, but after the lemon law's 24 month/24,000 mile limitation, the consumer would have to seek compensation for failure to repair if the vehicle is not repaired after a reasonable number of attempts. Compensation for failure to repair is the difference in the value of the car as it is and the value it would have if repaired, or the cost of repairs.

Note that the express warranty on a new motor vehicle stated in a number of miles begins from the date the vehicle is delivered to the consumer. For example, if a demonstration model with a 24,000 mile warranty has 4,000 miles on it when the consumer buys it, the warranty will remain in effect until the vehicle has 28,000 miles on it.

"Reasonable Number of Attempts"

The law presumes that "a reasonable number of attempts have been undertaken" to fix the defects if:

1. The same defect has been presented to the manufacturer, or its authorized dealer for repair four or more times without success, or

2. The vehicle has been out of service during or while awaiting repair of a defect or series of defects for a cumulative total of 20 or more business days during any 12 month period of the warranty, provided that the consumer has notified the manufacturer directly in writing of the existence of the defects or series of defects and allowed the manufacturer a reasonable period, but not more than 15 calendar days, to fix them. This last requirement makes it vital that customers write the manufacturer directly about the problems early on if the dealer is having trouble getting them fixed. Do not let the dealer talk you out of writing the manufacturer directly. You must do this to get your rights under the law.


Read the rest at: http://www.jus.state.nc.us/cp/lemon.htm
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Old Jul 7, 2004 | 09:14 PM
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You should also check out the BBB Autoline. I don't know if Mitsubishi particpates in this program or not. Not all manufacturers do. If they do, this is your best bet. *Update* I just checked and they don't participate. You can still check out the info on their site about NC lemon law.

I used this service to Lemon my 350Z.

I don't know though if the car can be lemoned for issues caused by the dealership. There is a distinction between the responsibility of the dealership and that of Mitsu.

You can not state your terms. The law specifically calls out what your compensation options are.

Also remember that if you choose buyback or refund, your total amount of refund will be the total cost of the vehicle minus a "reasonable allowance for use."

From the site in the previous post:

"Reasonable allowance is presumed to be the cash price of the vehicle multiplied by a fraction having as its denominator 100,000 miles and its numerator the number of miles on the vehicle attributed to the consumer." For example, if the cash price of the vehicle was $20,000 and the purchaser or leasing consumer had driven the car 10,000 miles before getting a refund, the owner would be entitled to the full refund, less $20,000 (10,000/100,000), or $2,000.

Swapping for a new vehicle is your best choice.

D
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Old Jul 9, 2004 | 10:20 PM
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Originally Posted by BaLListic_EVO
ok right now im looking at going lemon law on my car. So far it has been in the shop 22 business days for the same problem. and now im being told it will be 3 more weeks because parts being on backorder. in my state they require it to be 20 business days for lemon or returning for 3 or more times for the same problem without correction. I have been back 2 times for the same problem and the damage is actually the dealers fault. They then sent me to another dealer because it turned out they were not qualified to even put the clutch in. But in the process they messed up alot more stuff. Its going to be about 1400$ total for the repairs and in the process they cut a hole in the bell housing to replace the clutch and covered it with sheet metal. If anyone else in Nc or in Surrounding states can help i would really appriciate it i need a lawyer because i cannot seem to find one locally that will take the case without lotsa cash upfront. These are regular attny's but lemon lawyers wont return my phone calls. Oh yeah and all this time with them messing up stuff they didnt provide a rental for me either. Actually went and bought a piece of **** $350 honda yet still having to make payments of $581 to watch my car sit on a lift and me drive a real turd with no AC........ Im being screwed here royally is all i can say............
Hey man, contact mitsubishi north american IMMEDIATELY dude. I bet they would be VERY interested in this dealership not being qualified to fix cars. Odds are they will help you.
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