abice wrote:I know for a fact that other than the two washes and hand coat of wax that For the time being til this problem gets resolved I won't be washing or touching the exterior of my car. And I was reading up on the new york state lemon law last night and it says that if the dealership can't fix the problem and won't fix the problem or isn't able to fix a problem on the car during the two year 12000 mile period than there is to be a full refund of the value of the car plus taxes and fees and I know I havent violated the lemon law by having this dealership change the oil at 600 miles and by washing it and hand waxing that that is all in my owners manual
In our case it has to do with number of times they have tried to fix a problem.
To me the time period and the miles should not really come totally into play since it could be beneficial for the dealer to just run the time out. Note how that thought is handled in Washingtons Lemon Law. As of right now my car may well have qualified for the first part of the requirements for its starting problem and it acted up a little bit today again.
Washington's:
What Is A Lemon?Your vehicle may qualify as a lemon if it has one or more substantial defects that have been subject to a reasonable number of attempts to diagnose or repair the problem(s) under the manufacturer's warranty. A reasonable number of attempts has occurred when one or all of the following are true:
1. Diagnosis or repair of the same serious safety defect has been attempted two or more times, and the defect continues to exist. At least one attempt must occur during the warranty period. A serious safety defect is a life-threatening malfunction that impairs the driver's ability to control or operate the vehicle, or creates a risk of fire or explosion. 2. Diagnosis or repair of the same nonconformity has been attempted four or more times, and the defect continues to exist. At least one attempt must occur during the warranty period. A nonconformity is a defect that substantially impairs the use, value or safety of the motor vehicle so as to make the vehicle unreliable, unsafe or diminished in resale value for comparable vehicles.
3. A vehicle has been out of service for diagnosis or repair of one or more nonconformities or serious safety defects (whether or not repaired) for a cumulative total of 30 calendar days, with at least 15 of those days occurring during the warranty period.
At the arbitration hearing, the arbitrator will ask you which of the above criteria applies to your vehicle. You can claim one or more of the criteria listed above as long as you can prove to the arbitrator that they apply to the defect(s) in your vehicle.
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What Is The Warranty Period?To determine whether you have a claim under Lemon Law you will have to determine whether at least one attempt to diagnose or repair each defect occurred under the manufacturer's warranty and within the warranty period. It is important to understand that, for purposes of arbitration, the warranty period may be different from the actual manufacturer's warranty. The law requires that the manufacturer's warranty cover at least 1 year or 12,000 miles (whichever occurs first). An extended service contract is not an express manufacturer's warranty under most circumstances.
When determining whether an attempt to diagnose or repair a defect meets the requirements for eligibility, the warranty period covers a diagnosis or repair occurring within 2 years from the original delivery date and 24,000 miles of operation of the vehicle.
The following are examples of how to determine whether a diagnosis or repair attempt occurred during the warranty period.
1. If the manufacturer provides the minimum warranty of one year or 12,000 miles (whichever occurs first), an eligible defect must have been: diagnosed or repaired at least once under the manufacturer's warranty within 12 months and 12,000 miles; OR out of service for a total of 30 or more cumulative calendar days due to diagnosis or repair of one or more defects that are covered by the manufacturer's warranty; at least 15 calendar days must have occurred during the manufacturer's warranty coverage of 12 months and 12,000 miles. 2. If the manufacturer provided a longer warranty (e.g. five years or 50,000 miles) an eligible defect must have been: diagnosed or repaired at least once under the manufacturer's warranty and within two years and 24,000 miles; OR out of service for a total of 30 or more cumulative calendar days due to diagnosis or repair of one or more defects that are covered by the manufacturer's warranty; at least 15 calendar days must have occurred within two years and 24,000 miles.
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While New York's may well be different make sure you are reading it correctly in regard to the warranty period which as you can see in Washington changes.
Also in Washington's law there is an 'offset of use'. Basically the more you drive it the more you have to pay to the dealer in the case of a replacement vehicle or in the case of a refund, the less you get.:
The offset for use is computed by multiplying the number of miles directly attributable to use times the purchase price (in the case of a lease, purchase price is the vehicle's capitalized cost if disclosed in the lease or if not disclosed then the manufacturer's suggested retail price) and dividing by 120,000 (Note: divide by 25,000 for a motorcycle).
Example: Based on a purchase price of $12,000 and 10,000 miles attributable to a consumer's use, the reasonable offset for use would be:
($12,000) x (10,000 miles) / 120,000 = $1,000
If you are a second or subsequent owner, a repurchase offset is based on your purchase price and a replacement offset is based on the original purchase price of the vehicle (as you will receive a new vehicle for the used vehicle you purchased).
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In other words make sure you understand what the provisions are and the requirements, a lot of the requirements in Washington have to do with your documentation. Right now from what I have seen you state, you have no documentation that you can show via work orders, etc. In Washington and I bet New York as well this could be a major issue.
Perry