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Looking for Lemon Law/Warranty Advice

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AliVal

Guest
What is the name of your state?What is the name of your state?PA
I own a 2002 Mazda 626. Back in May (2004) I had a problem where the car was bucking and hesitating, it got so bad that I could not even drive it. I had it towed to the local dealership - it was still under warranty (36k miles)so they covered the tow, the rental car and fixed my car Free of Charge (it was a cracked coil pack and bad spark plug wires) Now, just 3 months later the same exact thing happened. I had it towed once again, got a rental and they told me that I had defective spark plugs - therefore, not a warranty item. The racked me for the rental car and charged me $195 for a diagnosis and to change 6 sparkplugs! NOW just 4 DAYS later it happened again and they had the nerve not to return my calls for 2 days!!! It is at the dealership right now, and I called 1-800-lemonlaw and they said that I definitely have a case under the warranty act. They told me that they could represent me and that it would be no charge to me. what is the catch? They've got to be getting paid somehow. What do I do? Can I get the $$ back that I paid last week when they did NOT fix my car properly??? Is this something I can handle on my own? Can I pursue something without an attorney??? Any advice is greatly appreciated!
 


JETX

Senior Member
AliVal said:
I called 1-800-lemonlaw and they said that I definitely have a case under the warranty act.
I think you are either confused or being conned. First, your post talks about the 'lemon law'. Clearly, the PA lemon law does NOT apply in this case as "The nonconformity must first occur within the first 12 months or 12,000 miles, whichever comes first.".
Now, you are referring to some vague 'warranty act'. Clearly, we can't answer as to ITS claims of being valid without knowing what the 'scammers' (er.... lemonlaw folks) are claiming covers your circumstance.

They told me that they could represent me and that it would be no charge to me. what is the catch?
And did they put that in WRITING??? If not, I think you have found 'the catch'.

Can I get the $$ back that I paid last week when they did NOT fix my car properly???
Not enough information, but probably not.

Is this something I can handle on my own?
Depends on what 'this' is - Picking up the car? Yes. Litigation? Possibly. Trying to negotiate a settlement? Possibly.

Can I pursue something without an attorney???
See above.
 
N

Need your help

Guest
The Warranty act that the girl at 1-800-lemonlaw talked to me about was the The Magnuson-Moss law which she said is a federal law gives consumers considerable rights in dealing with manufacturers of lemon cars. This law guarantees a car buyer that certain minimum requirements of warranties must be met. With regards to "lemon cars", this law greatly affects the rights of car buyers. For any product which has a written warranty if any part of the product, or the product itself is considered defective, the warrantor must permit the buyer the choice of either a refund or replacement of the product.
The person I was speaking with told me that the lemon manufacturers should be given three attempts to fix the defect. Continued attempts to repair beyond the initial three should not be allowed. This is called the "three strikes and you're out" principle.
Do you know anything abou this law? Was she scamming me or do you think this is on the up and up??
 

JETX

Senior Member
Need your help said:
The Warranty act that the girl at 1-800-lemonlaw talked to me about was the The Magnuson-Moss law which she said is a federal law gives consumers considerable rights in dealing with manufacturers of lemon cars.
How do YOU know what was told to the OP???
And your 'assumption' that it "gives consumers considerable rights in dealing with manufacturers of lemon cars" is simply, incorrect.

This law guarantees a car buyer that certain minimum requirements of warranties must be met.
That is correct. And there is NOTHING in this post that would lead any reasonable person to assume that the vehicles warranty was NOT 'met'... or even that the manufacturers warranty was valid at the time of the repairs. All vehicle warranties have mileage and year restrictions. How do YOU know that this vehicle is even under warranty??? Simply, YOU don't. You have NO evidence to show that your post is even valid to THIS issue!!


With regards to "lemon cars", this law greatly affects the rights of car buyers.
No it doesn't!!! Here is what the Magnuson-Moss Act (15 USC 2301, et seq) does is force the seller to detail what is, and what is NOT covered under warranty, allowing the consumer to proceed with FACTS.
You need to read and UNDERSTAND the information at the following:
http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm#Magnuson-Moss

And the Act itself can be found at: http://www4.law.cornell.edu/uscode/15/ch50.html

For any product which has a written warranty if any part of the product, or the product itself is considered defective, the warrantor must permit the buyer the choice of either a refund or replacement of the product.
Gee... you missed the MOST important part.... being if WHILE UNDER WARRANTY!!!

The person I was speaking with told me that the lemon manufacturers should be given three attempts to fix the defect. Continued attempts to repair beyond the initial three should not be allowed. This is called the "three strikes and you're out" principle. Do you know anything abou this law? Was she scamming me or do you think this is on the up and up??
Yes, I know about the law (see above).... and yes, you likely being scammed.... as they clearly won't do a damn thing without you paying.
 
N

Need your help

Guest
my Car Still Is Inder Warranty!!! The Warranty Covers Up To 50k Miles And My Car Only Has 42k Miles - All Of This Happened Between 36k And 42k.
 

JETX

Senior Member
Need your help said:
my Car Still Is Inder Warranty!!! The Warranty Covers Up To 50k Miles And My Car Only Has 42k Miles - All Of This Happened Between 36k And 42k.
Who gives a crap about YOUR car!!
The original poster to this thread is 'AliVal'. You're continued interruptions and attempts to hijack this thread are both rude and confusing.
 

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