Are you tired of getting the run around by a car dealer? Being told that the problem can not be found or you bring it back time and again for the same problem. The dealer and manufacturer have an obligation to fix your car. The best way to have the upper hand is to know your rights.
Remember to:
- Review all paperwork from the dealer including invoices before you leave.
- Keep all your invoices.
- Read your Warranty Booklet and Owner's Manual.
The rule of law is that you must give the manufacturer (through its authorized dealer) a "reasonable opportunity" to repair a defect or condition. The condition must be a "substantially impairment to the use, value or safety" of the vehicle. The problem must be the same or similar for each subsequent repair attempt.
New Cars
In Delaware, the car is presumed to be a "lemon" if after 4 attempts the condition remains or the vehicle is out of service a cumulative of 30 days. New Jersey requires only 3 attempts or the car must be out of service a cumulative of 20 days. Pennsylvania's presumption is established after 3 attempts or 30 days out of service. If that is the case, the manufacturer is under an affirmative duty to repurchase or replace the vehicle. However, there will be a reduction for mileage from the purchase price.
Time limits: The complaint must be within the first year of ownership in Delaware, in contrast, New Jersey requires that the complaint be made within the first 18,000 miles or 24 months after the purchase. Pennsylvania law requires the complaint to be made in the first 12,000 miles or 12 months.
Both the Delaware and New Jersey statutes are similar in requiring written notice to the manufacturer before the presumption can apply. The lemon law applies regardless of the state of purchase if the vehicle is registered in the state; however, New Jersey law applies when the car is bought in New Jersey even if the vehicle is registered in another state. New Jersey also covers leased vehicles. Pennsylvania law applies only to vehicles purchased and registered in the Commonwealth.
Used Cars
In the tri-state area, New Jersey is the only state which affords limited protection to used car purchasers (the used car lemon law). The amount of protection is related to the mileage at the time of purchase. The dealer must repurchase the car if after 3 attempts the car is still not repaired.
A breach of warranty may be applicable for used car purchasers.
The easiest way to prove the car is defective is by documentation. Do not let the complaint linger. Note: If you do not have a "lemon," the manufacturer still may have breached their warranty. Reminder: If the dealer is unable to duplicate the concern, that qualifies as a repair attempt. Make sure the invoice reflects all your complaints. Never leave the dealership without an invoice. Check the dates on the invoices. If you are given a loaner car, keep the rental slips.