I just bought a new car that has had a few repetitive repairs needed. Is this grounds for lemon law? What can I do here?


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Question:

Question:  I just bought a new car, and a week after I bought it, the power windows stopped working.  I took it to the dealership and they fixed it, but now the windows are acting up again.  What should I do?

Response:  A new vehicle that has chronic problems with its car windows may be considered a “lemon.”  Each state’s lemon laws are different, so you should contact a local attorney to discuss your car specifically.

When there are problems with car windows on a new vehicle, you are usually obligated to take the vehicle to an authorized dealership a “reasonable” number of times to give the dealership a chance to repair the defect.  Each state defines “reasonable” differently, so be sure to keep all documentation to prove the number of times you received services or how long your vehicle was out of service.

If the dealership cannot repair the car windows after a reasonable number of attempts, the state laws provide for several types of relief for the purchaser.  The dealership can replace the vehicle with a comparable vehicle, or refund the total amount you paid (usually including all the collateral charges), minus any depreciation for your use of the vehicle while you had it.  In some states, you may also have the option of receiving cash as consideration for the lowered market value of the vehicle. If the dealership is resistant to replacing your vehicle or refunding your money after making a reasonable number of attempts at solving the problem, you may have to file a civil suit to recover.

You should talk to a lemon law attorney in your state to find out if car windows are covered by the law, and what would constitute reasonable.  He or she can tell you how to proceed if a lawsuit becomes necessary.

Answered by Kristen Lawfer

Additional ResourceAutomobile Fraud and the Lemon Law

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