Lemon Legal Questions

Not sure what you expect to sue the shop for? If you buy a used car and parts fail on it - that is part of buying a used car. If you have the replacement parts simply go to another shop. Likely every legal option you might have would be more expensive and not necessarily resolve the issue. ... Read More

Book value or ACV is all you are entitled to. That value is in fact the value you can replace with a like and kind car. It is NOT what you owed on the car for financing, nor what you paid for it,  nor the value of the car "to you". The time and expense of finding a new car in a unfortunate inconvenience in life. You can try to see if they will provid a short term of rental or compensate for "loss of use." ... Read More

Not sure what the question here is. Its unlikely that an oil change would affect your steering but if there is oil dripping from the oil pan, this may or may not have been something caused by Jiffy Lube. You need to bring your car to a dealer for the make and model of the car and have them inspect it to see if there is something Jiffy Lube did to damage it and go from there. ... Read More

You will need to retain a civil lawyer to address this. The BIG issue is the expense of a lawyer fighting over the rental costs might exceed the amount you are fighting over. Have you tried to see if you have rental coverage on your insurance? Unfortunately, third party property damage claims are always very difficult to address financially. ... Read More

Unless there is outright fraud, the dealership is likely correct. They are not obligated to inform buyers of accidents, but can't lie if directly asked, and a Carfax "after the fact" is of no use unless the seller provided you a fake or altered Carfax where the crash was removed. The CPO issue might be helpful if there was sufficent crash damage that it should have been revealed in thier CPO assessement. This would be an issue under Fla. Stat. 501.976.... Read More

Lemon law does not apply to used cars, though warranties and the Federal warranty acts does. To try to "unwind" the deal you will have to have evidence of fraud, not accusation, such as the dealer had actual knowledge of the damage and purposefully lied to you about it. If the Carfax was legitimate and did not reflect a crash, that might make it difficult to claim the seller knew of the crash, as opposed to them providing you an altered carfax where they whited out the prior crash. Many times - minor damages are repaired by an owner and no insurance claim is made. You will likely need to retain a lawyer to intervene if there is a controversy with the seller refusing to unwind the sale. ... Read More

This depends on the terms of the contract and the MHP rules. An "open ended" lease is often a month to month rental and subject to termination or change on a monthly basis at the whim of the MHP management. The exception is if you own the trailer and the MHP is coverd under Fla. Stat. 723 as opposed to simply renting a trailer in a MHP which is covered under Fla. Stat. 83. Understand that if you have a MTM rental under Fla. Stat. 83, the fact that you cannot afford the raised rent or to move is not a concern for the MHP management, and non-payment is a basis for eviction. You might want to see if local legal aid is able to assist you.... Read More

Not sure why the car was left for 2 weeks to fix a "damaged spot"  nor the kind of damage was caused by the "spray" but the remedy would be to make an insurance claim if you can or simply to sue for the cost of repainting the vehicle or fixing the "spray." If this is less than $3-4,000.00 to repair, it might not be financially viable to spend money suing over. I would not buy another vehicle from them for obvious reasons. ... Read More

Clainming the oil plug was sitting on top of the drain pan is a surefire way to lose all credibility with the repair shop. Why? Because its virtually impossible for a drain plug to sit on pan lip while driving any distance at all - simply because it would have fallen off instantaneously at the first dip or bump in the road. Moreover, if the drain plug was out of the pan, that would necessarily mean that the pan would have simply drained all the oil out in a few minutes, likely seizing right there in a parking lot or shortly there after down the road a bit. You will need to have a mechanic examine the vehicle and determine why the plug fell out and what damage was done to the vehicle and why in a written report. Then go from there in your dealings with the oil change place. ... Read More

This matter might be of interest to my firm. we would need to know: what were the details 2 previous accidents? how did they tell you of the 1 prior owner? how did you learn of the 2 accidents? what did you pay for the car? what is it worth right now in its current condition? Please get back to me with the answers to this. Sincerely, Gilbert Borman 248.353.5555... Read More

You will need to find a lawyer who specializes in Lemon Law and Autosales. Sending written notice to the dealer that they have sold an unsafe care and that you intend to use the Michigan Consumer Protection act for injunctive relief from the sale also makes sense. Give them a set period of time to make the car roadworthy and offer to deliver the car to the garage of their choice to make repairs. If the car is as bad as you say, they had to know about it.... Read More

You are better off using a "find a lawyer" feature rather than simply announcing a desire in a Q&A forum. Being a lawyer that handles small claims cases, one of the issues will be your ability to spend the money needed to properly handle the case vs. the ability to recover those fees from the car dealer. You will need to speak directly with lawyers to address the details of your "demand" and the merits of the case. ... Read More

If your vehicle has been out of service for over 30 days then you likely have a viable case against Hyundai.  I would suggest consulting with a Lemon Law attorney.  Some Lemon Law firms (like ours), will represent you free of charge.  I am happy to answer any other questions that you might have.... Read More

A claim for "car rental" for 4 months due to this issue is unlikely to succeed, assuming that the payment issue has been resolved. If this took 4 months to resolve -  you would have been better served to retain a lawyer after the first few weeks. If by "help make the lender statnd up to this mistake" you mean a lawyer taking the case on a "contingent fee" thats not likely as the amount in controversy is not substantial and there is not likely a separate legal fee provison to reimburse legal fees you spend. This is likely one of those cases where you would be spending money on legal fees as a "matter of principle."... Read More

"What do you do in a situation like this?" Nothing, really. As you have no inherent entitlement to anything from the car, made no investment in it nor obligation for it. At best this was a claimed intention to make a "gift" and then the question becomes whether or not a judge would enforce it. Unless you have some written documentation supporting that a gift was actually made and you have a legally recognized interest in the car - its his car, bought with his money, and presumably used by and maintained by him. Assuming the titled was an OR not an AND he would be able to sell the car or trade it in without your interaction or agreement. If it was an AND you might have a different issue if your signature was forged in order to sell the car....in which case you should contact law enforcement about a foregery issue.... Read More

No way to tell without hiring a lawyer to look at the paperwork. You will need to do that ASAP. That stated, if you never bought a car before and have bad credit, why were you buying a new car at all as a first car? Its a sure bet you are going to pay a ridiculous interest rate on a high principle value. For future reference its not "taking advantage of you" if you foolishly try to live beyond your means and buy things based on "monthy payments" and not overall expense or value. While it might be improper to charge  you more in princple value for the vehicle based on your credit, this most often is a result of numerous things added to the purchase, like various insurances, GAP, wheel/rim or raodside assistance, taxes, dealer fees, prep and transportation, etc. That you claim you "didn't know" will be a proble if its disclosed and you signed off on it all. ... Read More

Possibly. The defect on your motorcycle must be covered by the terms of the warranty. This defect must substantially impair the value of your motorcycle. You must have presented your vehicle to the dealer for repair four or more times, or your vehicle must have been out of service for a total of 20 or more business days over any 12-month period under the warranty. Consult with an attorney regarding the specifics. You must still make the payments on the bike loan, however. You posted this under Collections and if you stop making the payments your credit will be damaged - keep the payments current. You ahve to pay the finance company regardless of the condition of the bike.... Read More