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  1. #1
    GMAN777 is offline Junior Member
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    I Think I bought a LEMON....What Can I do?

    What is the name of your state (only U.S. law)? New York

    THANK YOU IN ADVANCE FOR TAKING YOUR TIME TO READ MY POSTING BELOW. I REALLY APPRECIATE YOUR HELP IN THIS MATTER.

    I paid $3500 cash for a VAN from a used car dealership.

    After taking the Van home, I immediately had the engine inspected by a mechanic independent from the dealership. I found that there were a lot of things wrong with the engine; there were lots of engine codes "firing" and leaks from the head gasket. I brought the Van back to the dealership and they told me that they would fix it. As I was dropping the van off to get it fixed at the dealership, I spoke to the mechanic at the dealership and he told me that the mechanic I used didn't know what he was talking about. So I left it with him to get it fixed. Please note that the first time I left it with the dealership to get it fixed was in the same week of my purchase of the vehicle.

    After I got my Van back again from the dealership, I took it to another mechanic (a different mechanic from the first mechanic I had taken it to). This mechanic basically said the same things were wrong with the Van as did the first mechanic. So, it turns out that the dealership never fixed any of the problems that were found with the vehicle by the first mechanic.

    I immediately brought the vehicle back to the dealership and they promised me they would fix it and they apologized. Now I have been waiting two weeks for the dealership to fix my Van and give it back to me. I called them twice last week and they told me the car would be fixed soon. I called them today and they told me the car wasn't ready yet.

    Could this dealership be attempting to wait out the 30-day lemon law warranty period to give me back a van they never had any intention of fixing in the first place? If so, would it matter that they had posession of my Van for two full weeks? Can I bring the van back to them after the 30-day lemon law warranty period if they return the Van to me on the last day of the 30-day lemon law warranty period? Would they still be obliged by law to fix the problem?

    Even though I bought the vehicle from the dealership pre-inspected, both of the mechanics I brought the Van to said that the vehicle should have never passed inspection because of the engine code firings.

    Please note that when I paid for this Van, I never got any kind of documentation detailing any kind of warranty on the car. I figured that I would take advantage of the lemon law which I believed would automatically provide me with a 30-day warranty against engine and transmission trouble.

    Would someone please tell me what my recourse is in this situation? I have already filed a suit in small claims court and will dismiss the case if the car dealership actually does pull through this time and fix my Van.

    Does anyone have any suggestion for me in this situation? If I call them back again, what should I say this time?

    Please note that the purchase date of this car was 01-28-2010. I believe the lemon law warranty period would end on 02-28-2010, if my understanding of the lemon law is correct, that is. So, as I sit here and write this letter, I am still in the lemon law warranty period.

    Thank you in advance for your help. I appreciate you reading my long post and any insight you may be able to provide me in this case.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  2. #2
    xylene is offline Senior Member
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    IMPORTANT

    What was the vehicles mileage when you purchased it?
  3. #3
    Zigner is offline Senior Member
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    You keep referring to a "dealership". Is this a dealership associated with the manufacturer of the vehicle?
  4. #4
    xylene is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    You keep referring to a "dealership". Is this a dealership associated with the manufacturer of the vehicle?
    Does that make a difference?
  5. #5
    swalsh411 is offline Senior Member
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    I highly doubt any van purchased for $3,500 has less than 18,000 miles so the lemon law protections would not apply.
  6. #6
    xylene is offline Senior Member
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    Quote Originally Posted by swalsh411 View Post
    I highly doubt any van purchased for $3,500 has less than 18,000 miles so the lemon law protections would not apply.
    If the van had less than 100,000 miles on the odometer when sold or was sold without a valid odometer reading, and was purchased from a licensed NY dealer of used automobiles, he indeed does have a some rights for repair and/or return of purchase price.
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by xylene View Post
    Does that make a difference?
    Some sites make reference to the manufacturers authorized repair center. That's why I asked. It may not make a difference - if not, then I apologize for the misdirection...
  8. #8
    You Are Guilty is offline Senior Member
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    I'll have to double check but I think the 30 days are tolled when the car is in the shop waiting for repairs. (To permit otherwise would be to invite dealers to park their lemons for a month then claim they can't be fixed. Bad public policy).
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by You Are Guilty View Post
    ...the 30 days are tolled when the car is in the shop waiting for repairs.
    That is true...
  10. #10
    GMAN777 is offline Junior Member
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    the Van has 150,000 miles on it. So while the lemon law may not apply, is there some other law I can apply? I was not given a written warranty of any sort. However, they promised me, verbally, a 30-day warranty on the motor and Drive-Train (transmission). I have some recorded phone calls in which they acknowledge that they offered the 30-day warranty and they even specify in such recordings that the warranty covered the motor and the trasmission.

    I do not have their permission to record the phone calls. However, I believe in my state of new york, only one party needs to know about a phone call being recorded so i did not break any laws by recording the phone call. However, will such recordings be admisable in small claims court?

    Any other advice on what exactly I should have them admit to in a taped recording would be helpful.

    But also, I'd like to know if such recordings would be admissable in small claims court. The claim is being filed in Suffolk County, New York and will be brought before an arbitrator.

    Thanks so much for your help.
  11. #11
    swalsh411 is offline Senior Member
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    So you're going to attempt to prove that the dealer verbally offered a warranty. NY is a one-party state in terms of recording phone calls but ultimately it is up to the arbiter to determine if that is admissible. If you lose there, you may be able to sue in small claims court at which point it will be left to a judge to decide.
  12. #12
    Zigner is offline Senior Member
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    Quote Originally Posted by swalsh411 View Post
    So you're going to attempt to prove that the dealer verbally offered a warranty. NY is a one-party state in terms of recording phone calls but ultimately it is up to the arbiter to determine if that is admissible. If you lose there, you may be able to sue in small claims court at which point it will be left to a judge to decide.
    Offering to help a customer by fixing a problem is NOT the same as "offering a warranty"
  13. #13
    swalsh411 is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    Offering to help a customer by fixing a problem is NOT the same as "offering a warranty"
    I know. What's your point?
  14. #14
    Zigner is offline Senior Member
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    Quote Originally Posted by swalsh411 View Post
    I know. What's your point?
    My point is that you are making stuff up based on what? There was no mention of a "verbal warranty" anywhere in this thread.


    ETA: Apologies - it was mentioned, per the OP - I missed it.
    Last edited by Zigner; 02-25-2010 at 01:31 PM.
  15. #15
    xylene is offline Senior Member
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    Quote Originally Posted by GMAN777 View Post
    I was not given a written warranty of any sort. However, they promised me, verbally, a 30-day warranty on the motor and Drive-Train (transmission).
    The dealer promised, albeit verbally to warrantee for 30 days the powertrain

    Now the enforceability of a verbal warranty...

    Plus this taping stuff...

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