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Any problem that substantially impairs the use and market value of the product and warrantor is unable to make the product free form defects within a reasonable number of attempts. If you bought a malfunctioning vehicle, you may need a lemon law attorney to recover your losses.
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EVALUATION
IOWA Lemon Law:
Iowa Code §§ 322G.1 to 322G.15
Vehicles covered: Vehicles purchased or leased in-state and primarily
designed for transportation of persons or property; excludes
mopeds, motorcycles, motor homes, or vehicles over 10,000 lbs.
(§ 322G.2(13)).
Persons covered: Purchasers, lessees, or any other person entitled
to enforce the warranty (§ 322G.2(3)).
Period covered: Whichever comes first: expiry of term of express
warranty, two years from date of delivery, or 24,000 miles
(§ 322G.2(8)).
Disclosure requirements: Manufacturer must provide written notice
of warranty at time of sale (§ 322G.3(1)).
Required consumer notice: Written notice to manufacturer via
certified, registered, or overnight service mail (§ 322G.4(1)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
three or more repairs, or after one attempt to repair a nonconformity
likely to cause death or serious bodily injury, or if the vehicle
is out of service for a cumulative total of thirty or more calendar
days (§ 322G.4(3)).
Affırmative defenses: The nonconformity does not substantially
impair the vehicle, or is the result of the consumer’s abuse, neglect,
or unauthorized modifications or alterations, or the claim was not
raised in good faith; other defenses allowed by law (§ 322G.5).
Replace/refund: At consumer’s option the manufacturer shall replace
with a comparable new vehicle, or accept a return and refund
the purchase price less a reasonable offset for use (§ 322G.4(2)).
Other reimbursement: Collateral charges (§ 322G.2(1)); Costs and
attorney fees (§ 322G.8(3)).
Other remedies: There is no limit on other consumer remedies
(§§ 322G.1, 322G.8(9)). No cause of action created against dealer,
and dealer may not be made a party to a lemon law suit
(§ 322G.11). Violation is unfair or deceptive trade practice
(§ 322G.10).
Informal dispute resolution: For remedies under this section a
consumer must use an informal dispute settlement procedure established
by the manufacturer, provided the procedure complies
with 16 C.F.R. pt. 703 (§ 322G.6).
Resale of lemon: Full disclosure required; title must indicate
vehicle previously returned under lemon law (§ 322G.12).
After submitting your free lemon law case evaluation, one of our attorneys will respond to you within 24 hours.
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