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  #1  
Old 12-19-2006, 10:59 AM
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Location: TEXAS
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Warranty Question/ Lemon Law

Is There Some Sort Of 30 Day Warranty When You Buy A Car From A Dealer, Whether Or Not You Actually Buy An Extended Warranty? Just Wondering. What Exactly Is The Lemon Law? ANYONE PLEASE?

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  #2  
Old 12-19-2006, 12:38 PM
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I agree with Buckwheat, every jurisdiction has different laws, and you don't indicate your state or whether it's a new or used car. Do a Google search for your state.

Generally, if you have lost the use of the car for X period of time while the dealer tries to repair it, and the dealer still can't get it right, the dealer or manufacturer must pay you back the original cost and take back the car. They can then re-sell it, but they have to stamp the title that the vehicle was a lemon. In NY you don't need a lawyer - I think you meet with an arbitrator.

I turned an 198X McClaren Mustang back to Ford under Lemon Law.

It was my brother-in-law's car, I handled the Lemon Law case, I actually wanted to buy the car back from them afterwards, but they wouldn't sell it to me. Go figure.
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  #3  
Old 12-19-2006, 12:43 PM
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Location: TEXAS
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Thank You Both- Sorry, I Live In Texas And Is A 2002 Used Ml320. I've Only Had It 2 1/2 Weeks And Already Replaced Parts. It Has 96000 Miles So Its Partly Understandable That It Would Need Some Tlc, But The Dealer Isn't Exactly Working With Me. Thanks Again. I'll Give Google A Try.
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  #4  
Old 12-19-2006, 01:21 PM
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I believe that the Lemon Law applies only to new cars, everywhere.

If you bought a 2002 with 96K, then you are outside your MB warranty. What was your agreement with the seller? Did they give you a warranty?

You have to look at your contract, i.e. warranty, from the seller.
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  #5  
Old 12-19-2006, 02:17 PM
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The National Automobile Dealers Association (NADA) encourages its members to utilize their "AS IS" window stickers in non-warrantied used cars offered for sale on their members lots. It's an 8.5 x 11" white window sticker that's pretty hard to miss. Did your M-Class have one?
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  #6  
Old 12-19-2006, 02:37 PM
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Quote:
Originally Posted by buckwheat View Post
Here in Ga, there are no warranties of any kind.
Surely with that much insight into the GA legal system, you know there is a lemon law in GA? I sent a BMW 318is back to the dealer under the law @ 1990. Got me a brand new Beemer without any lobbyist bull****. Here it is for future reference (edit: I could only post about 1/3 of it due to size and don't feel like chopping it up):

10-1-780. Short Title

This article shall be known and may be cited as the "Motor Vehicle Warranty Rights Act."

(Code 1981, § 10-1-780, enacted by Ga. L. 1990, p. 1013, § 1.)

10-1-781. Legislative intent.

The General Assembly recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer.It is the intent of the General Assembly to ensure that the consumer is made aware of his or her rights under this article.In enacting these comprehensive measures, it is the intent of the General Assembly to create the proper blend of private and public remedies necessary to enforce this article.

(Code 1981, § 10-1-781, enacted by Ga. L. 1990, p. 1013, § 1.)

10-1-782. Definitions.

Unless the context clearly requires otherwise, the definitions in this Code section apply throughout this article. As used in this article, the term:

(1) "Administrator" means the administrator appointed pursuant to Code Section 10-1-395.

(2) "Collateral charges" means those additional charges to a consumer or lessor wholly incurred as a result of the acquisition purchase of the motor vehicle. For the purposes of this article, collateral charges include but are not limited to manufacturer installed or dealer installed items or service charges, earned finance charges incurred by a consumer in the case of a purchase, and by the lessor in the case of a lease, sales tax, and title charges.

(3) "Consumer" means any person who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle primarily for personal, family, or household purposes, regardless of how the documents characterize the transaction. The term shall also mean and include any sole proprietorship, partnership, or corporation which is a commercial owner or lessee of no more than three new motor vehicles and which has ten or fewer employees and a net income after taxes of $100,000.00 per annum or less for federal income tax purposes. For the limited purpose of enforcing the rights granted under this article, the term "consumer" will also include any person or entity regularly engaged in the business of leasing new motor vehicles to consumers.

(4) "Court" means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing or determination was conducted or made pursuant to this article.

(5) "Distributor" means a person or entity holding a distribution agreement with a manufacturer for the distribution of new motor vehicles to new motor vehicle dealers or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such distribution, who is not responsible to the manufacturer for honoring the manufacturer's express warranty, and who does not issue an express warranty to consumers.

(6) "Express warranty" means a warranty which is given by the manufacturer in writing.

(7) "Incidental costs" means any reasonable expenses incurred by the consumer in connection with the repair of the new motor vehicle, including but not limited to payments to dealers for attempted repairs of nonconformities, towing charges, and the costs of obtaining alternative transportation.

(8) "Informal dispute resolution settlement mechanism" means any procedure established, employed, utilized, or run by a manufacturer for the purpose of resolving disputes with consumers regarding any warranty.

(9) "Lemon law rights period" means the period ending one year after the date of the original delivery of a new motor vehicle to a consumer or the first 12,000 miles of operation after delivery of a new motor vehicle to a consumer, whichever occurs first.

(10) "Manufacturer" means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers.

(11) "New motor vehicle" means any self-propelled vehicle, primarily designed for the transportation of persons or property over the public highways, that was leased or purchased in this state or registered by the original consumer in this state and on which the original motor vehicle title was issued to the lessor or purchaser without having been previously issued to any person other than the selling dealer. If the motor vehicle is a motor home, this article shall apply to the self-propelled vehicle and chassis, but does not include those portions of the vehicle designated, used, or maintained primarily as a mobile dwelling, office, or commercial space. The term "new motor vehicle" does not include motorcycles or trucks with 10,000 pounds or more gross vehicle weight rating. The term "new motor vehicle" shall not include any vehicle on which the title and other transfer documents show a used, rather than new, vehicle. The term "new motor vehicle" includes a demonstrator or lease-purchase, as long as a manufacturer's warranty was issued as a condition of sale, unless specifically excluded under this definition.

(12) "New motor vehicle dealer" means a person who holds a dealer agreement with a manufacturer for the sale of new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, leasing, distributing, or dealing in new motor vehicles, or who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. For the purposes of subsection (d) of Code Section 10-1-784, concerning private civil actions for violations of this article, the term "new motor vehicle dealer" shall include any person or entity regularly engaged in the business of leasing new motor vehicles to consumers.

(13) "Nonconformity" means a defect, serious safety defect, or condition that substantially impairs the use, value, or safety of a new motor vehicle to the consumer, but does not include a defect or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.

(14) "Panel" means a new motor vehicle arbitration panel as designated in Code Sections 10-1-786 and 10-1-794.

(15) "Purchase price" means in the case of a sale of a new motor vehicle to a consumer the cash price of the new motor vehicle appearing in the sales agreement, contract, or leasing agreement, including any reasonable allowance for a trade-in vehicle. In determining whether the trade-in allowance was reasonable, the panel may take into account whether the purchase price of the vehicle was at fair market value or not and make appropriate adjustments to ensure that the consumer is made whole but not unjustly enriched. In the case of a consumer lease of a new motor vehicle, "purchase price" means the cash price paid by the lessor to a dealer or distributor to purchase the new motor vehicle.

(16) "Reasonable offset for use" means an amount directly attributable to use by the consumer before the consumer requests repurchase or replacement by the manufacturer pursuant to Code Section 10-1-784. The reasonable offset for use shall be computed by the number of miles that the vehicle traveled before the consumer's request of repurchase or replacement multiplied by the purchase price and divided by 100,000.

(17) "Reasonable number of attempts" under the lemon law rights period means the definition as provided in Code Section 10-1-784.

(18) "Replacement motor vehicle" means a new motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of purchase or lease.

(19) "Serious safety defect" means a life-threatening malfunction or nonconformity.

(20) "Substantially impair" means to render the new motor vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value of the new motor vehicle more than a meaningful amount below the average resale value for comparable motor vehicles.

(21) "Warranty" means any express written warranty of the manufacturer but shall not include any extended coverage purchased by the consumer as a separate item.

(Code 1981, § 10-1-782, enacted by Ga. L. 1990, p. 1013, § 1; Ga. L. 1991, p. 94, § 10.)


(d) Upon request from the consumer, the manufacturer or new motor vehicle dealer shall provide a copy of any report or computer reading compiled by the manufacturer's field or zone representative regarding inspection, diagnosis, or test-drive of the consumer's new motor vehicle.
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  #7  
Old 12-19-2006, 06:00 PM
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"Surely with that much insight into the GA legal system, you know there is a lemon law in GA?"

John - I think Buckwheat was referring to used cars, not new. So you may both be correct.
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  #8  
Old 12-19-2006, 07:06 PM
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Quote:
Originally Posted by al76slc View Post
"Surely with that much insight into the GA legal system, you know there is a lemon law in GA?"

John - I think Buckwheat was referring to used cars, not new. So you may both be correct.
I was really more referring to the 'sour grapes' recitation in paragraph 2 of the post. But yes, there are warranties for new cars and none for used in GA and no distinction was made in his post.

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