Lemon law for used cars

[artnet4]

In June 2000 we bought a 1996 Grand Voyager from a dealer in Texas (we live in Colorado Springs and the purchase was to replace our other car which died in Dallas as we were trying to get to Houston to see my dying father-in-law) and purchased a 36 month/36,000 mile extended warranty. The dealer told us the van went through a "multi-level" inspection and was fine, and that the former owner had traded the van in on a new vehicle. Since then, we have spent in excess of $780 and the van has been in the shop for 52 days and counting (as I write this, the van has been in the shop since Dec. 22 when it died 140 miles from home, and we don't know how much longer it will be). For the present "fix" WE had to call Chrysler to get someone to initiate a nationwide search for the parts our van needed--the dealer was content to wait until who-knows-when, and the warranty we have only allows 8 days of rental car use for each incident (so I'm stuck without a car). So far, work has been done on the transmission, sensors in the dashboard (Sending Unit, Multifunction switch, throttle body), a new engine has been installed, and now, they THINK the PCM (which is the main computer component of the engine) has gone bad (that's the parts we're waiting for). We think we have a case under Texas lemon law, as well as reading from your site about lemon laws for used cars (30 days out of service), Section 106 of the Magnuson-Moss Warranty Act (service contracts), and components from the UCC regarding noncomformity which substantially impairs the value of a vehicle. Now, the question: Do we act under Texas or Colorado law, OR do we go straight to the manufacturer (in this case, DaimlerChrysler) when writing our letter? We have been keeping a record of events since we purchased the car, since we had trouble getting the dealer to send the right paperwork so we could get Colorado plates! Thanks in advance for the info.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You have a case in both Texas and Colorado. The dealer was in Texas but he sold you a car in Colorado? If you signed the contracts in Texas, you have a better chance in Texas. And because this is a used car, manufacturer may not have anything to do with your claim.

What I see on a daily basis in the local courts is products liability cases with used cars -- good cases.

Try http://www.attorneypages.com and have a lawyer help you file a claim.

 

[artnet4]

Thanks for the reply. I guess I was somewhat unclear...we live in Colorado Springs, but we were on our way to Houston via Dallas when our old car, a 1993 Dodge Caravan, had a catastrophic problem. We decided to buy another car because we didn't have time to wait (my father-in-law died on June 15th). We signed the contract in Dallas. My husband called the dealer there and the used car manager told him that Chrysler, and the dealer here in Colorado, are the only ones responsible. (We feel this is b.s.) We are looking at the lawyers you recommended. By the way, the parts we were waiting on arrived, the dealer in Trinidad put them in, but the car died while being tested. At this point, the dealer will not even give us an ESTIMATE of when he might get it fixed...he says now that there may be a mechanical problem with the engine (which was just put in here in Colorado Springs in November 2000) and he only has one mechanic. We asked the dealer here in Colo. Springs (who replaced the engine) to have the car towed up here so that they can work on it; they basically told us to take a flying leap and if WE want to have it towed from Trinidad (140 miles away) then they'll take a look at it. The engine has a 12,000 mile warranty from Chrysler, but they told us to shove off also. At this point, I'm really mad at everyone!! Any other legal steps we can take? It's a mess.

 

[lawrat]

Contact those attorneys -- looks like you have a major lawsuit on your hands. If you signed in dallas, texas law should apply unless each attorney decides to move to have other states laws apply under conflict of laws sections (your attorney will know what I mean).