How many chances does a dealer get to fix it?


Lemon Law Information Center:
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What's Covered?

How do you know if it is a lemon?

How many chances does a dealer get to fix it?

How long do I have to file?

Requirements, Requirements, Requirements

What's my first step?

How should I prepare for the hearing?
Determining how many chances a dealer gets - is easy.

Simply Review the four-times test, the serious-safety-hazard test or the 30-days test.

The law presumes you have given the manufacturer or authorized dealer a reasonable number of attempts to fix the defect if you pass one of these tests. The mileage requirements generally do not apply to TRVs.

Serious-safety-hazard test

If you have taken the vehicle for repair of a serious safety hazard:
  • once during the first 12 months or 12,000 miles, whichever comes first, and
  • once more during the 12 months or 12,000 miles following the first repair attempt, and
  • the problem is still not repaired
you pass the serious-safety-hazard test.
 
Four-times test

If you have taken the vehicle to a dealership for repairs:
  • two times for the same problem or defect within the first 12 months or 12,000 miles, whichever comes first, and
  • twice more during the 12 months or 12,000 miles after the second repair attempt, and
  • the problem is still not repaired
you pass the four-times test.

30-days test

If your vehicle has been out of service for repair because of problems covered by the warranty:
  • for a total of 30 days or more, not necessarily all at one time, during the first 24 months or 24,000 miles, and
  • there were two repair attempts during the first 12 months or 12,000 miles immediately after delivery, and
  • a substantial problem still exists
you pass the 30-days test.

If a comparable loaner vehicle was provided while the vehicle was being repaired, that time does not count toward the 30 days.   
 
If you have purchased a new car, automobile and truck, motorcycle, RV, boat, computer or other consumer appliance call Attorney Gary Gibson with the Carabin & Shaw Law Firm.  The call is free. The consultation is free. Call 210-222-2288 or toll free at 1-800-862-1260.