I have a squeek, its documented. The previous owner complained too. Its been over 5 years and they have NEVER fixed this problem. They claim they can not find the problem, but they can hear it, which means it could be a safety issue (it's unknown). When is it legal to sue? Or what is my next Step?
2007-08-10 10:19:04 · 10 answers · asked by Alan 2 in Politics & Government ➔ Law & Ethics
Bought Used-Certified from the dealer and is still under extended warranty
2007-08-10 10:32:25 · update #1
I did not known, nor was i told about the squeak
2007-08-10 10:33:12 · update #2
5 years and no one has bothered to get a second opinion?
Most likely its just something like a body pannel rubbing-but if you care so much why didnt you take it to another shop and get their opinion? Keep going to shops until someone can identify it. Youre obviously not that worried about this even though it 'could be a safety issue'.
You can always sue though-you'll just lose and rightly so.
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Editted for new info you provided. You can take it to another dealer for the same car. Have them look at it. Take it to all of them in your area. If none find anything try a few small shops. Take it to a dealer you know and like-they'll appreciate the business and in the end you can force the people who certified it to pay for it.
Find a garage that specializes in that car-they tend to be better than dealers since they dont care to hide problems (ie. Accord Tranny issues for years would be diagnosed by private shops and ignored by dealers---if its an Accord do it now, could be your tranny about to go and that is crazy expensive and only covered by specific warranties despite them admitting the problem was poor quality parts recently).
Suing is a last resort! It will get put in your info and you'll have to fight for anything to be done under warranty. Theyll nitpick and look for any possible reason to void the warranty. Make them your friends, not enemies.
2007-08-10 10:29:48 · answer #1 · answered by Showtunes 6 · 0⤊ 0⤋
In the US, it is ALWAYS legal to sue. The question is, do you have a case. If you were aware of the problem before you bought the car, any case you have is significantly weaker. The fact the problem has persisted for 5 years with no apparent issues aside from the noise argues against a safety concern. Lemon laws do NOT apply to vehicles bought used unless the original owner returned the vehicle under the lemon law and you were not informed. If you buy a car knowing it was returned under your states lemon law, you waive any rights under the lemon law.
2007-08-10 11:00:41 · answer #2 · answered by STEVEN F 7 · 1⤊ 0⤋
It's very unlikely to be a safety or mechanical problem, considering it's been going on for 5 years. If it was, it would have progressively gotten worse and you would have noticed the car running or handling funny by now. I would try going to the general area where the squeek seems to be coming from and just douse everything with WD-40. It probably won't permanently eliminate the squeek, but it may help you pinpoint the exact location.
2007-08-10 15:03:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
There are lemon laws with specific guidlines that protect both the consumer and the manufacturers. If you have documentation from the dealership that shows the problem has been repeatedly worked on, you may have something. Usually lemon laws only apply to new cars and within the first year of the car's life.
Its always "legal" to file a lawsuit.
2007-08-10 10:23:32 · answer #4 · answered by Anonymous · 0⤊ 1⤋
I think you are out of luck! You are not in warranty (not even close), and you are a 2nd owner! If you bought it from the 1st owner and he knew about it, did he tell you?
If it has been 5 years I doubt it is a safety issue!
You can sue anytime!
2007-08-10 10:23:43 · answer #5 · answered by cantcu 7 · 0⤊ 0⤋
Hey, this is America!!!!! You can sue anyone over anything (and nothing) any time.
Your problem is though, that unless you can show mental anguish over the squeaky noise... Not a lot of luck, probably...
Especially since you appearently purchased the vehicle 'knowing' there was a defect... (.. "The previous owner complained, too...)
2007-08-10 10:27:58 · answer #6 · answered by search_and_rescue_k9 1 · 2⤊ 0⤋
Well, of course, it's always legal to sue, but that doesn't mean you'll win. And, even if you win, I doubt a jury will award you much for a squeak.
You first have to prove that it's their fault, and then you have to prove damages. Unless something happens that is caused by this squeak, your damages are virtually nil.
2007-08-10 15:36:14 · answer #7 · answered by skip742 6 · 0⤊ 0⤋
you can sue, any one can sue, but do you have a case and can you afford an attorney to represent you, look in the yellow pages for a lawyer that deals with lemon laws, while your case is not a lemon law those lawyers deal with car problems and should be able to give you insight to your case
2007-08-10 10:24:26 · answer #8 · answered by goz1111 7 · 0⤊ 0⤋
It would depend on the laws of your state. Some states have a lemon law that protects against that sort of thing.
2007-08-10 10:23:27 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Contact an attorney who is familiar with the lemon law.
2007-08-10 10:22:52 · answer #10 · answered by fieryfox59 3 · 0⤊ 1⤋