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Vehicles Covered:
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Passenger cars, non-commercial vehicles and
parts of motor homes not used for living; Excludes manufactured homes
or recreational vehicles.
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Persons Covered:
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Purchasers and transferees who lease automobiles
during express warranty period, or any persons entitled to enforce the
warranty.
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Period Covered:
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Whichever is first: one year from date of original
delivery or 18,000 miles.
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Notice Requirement:
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(a) Manufacturer – provide specific, separate
notice at the time of purchase of right to replacement or compensation
for nonconforming vehicle; (b) Consumer – notify the manufacturer, its
agent or authorized dealer.
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Repair Requirements:
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It is presumed that a reasonable number of attempts
have been made if the substantially same nonconformity has been subjected
to three or more repairs, or the vehicle is out of service for a cumulative
total of 30 or more calendar days; there have been eight or more attempts
to repair the nonconformity, or there has been at least one attempt to
repair a condition likely to cause death or serious bodily injury if vehicle
is driven.
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Affirmative Defenses:
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The nonconformity is the result of abuse, neglect,
or any unauthorized modification or alteration.
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Replacement/Refund:
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At the consumer's option, the manufacturer shall
replace with a comparable vehicle, or refund the full purchase price (defined).
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Other Reimbursement:
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Collateral charges (defined); finance charges
and incidental charges. Refund to the consumer and lien holder.
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Other remedies:
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There is no limit on other consumer remedies.
A violation is an unfair and deceptive act: If a civil suit is filed,
attorney fees.
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Arbitration:
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For remedies under this section, a consumer
must use the informal dispute procedure established by the Attorney General.
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Dealer Liability:
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None.
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Resale of Lemon:
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Full disclosure required. 12 month or 12,000
mile warranty required on resale; If the vehicle is returned under any
state law for a nonconformity likely to cause death or serious bodily
injury, it may not be sold in state.
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