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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
MINNESOTA Lemon Law:
Minn. Stat. § 325F.665
Vehicles covered: Passenger automobiles, including pickup trucks
and vans, and motor or van portions of recreational equipment, that
are sold or leased in-state (§ 325F.665(1)(e)).
Persons covered: Purchasers or lessees for personal, family or
household purposes for at least 40% of the time, transferees, or any
other person entitled to enforce the warranty (§ 325F.665(1)(a)).
Period covered: Whichever comes first: expiry of term of express
warranty or two years from date of delivery (§ 325F.665(2)).
Disclosure requirements: Manufacturer must provide specific written
statement to the consumer at the time of purchase
(§ 325F.665(3)(g)).
Required consumer notice: Written notice to the manufacturer, its
agent or an authorized dealer (§ 325F.665(3)(e)).
Repair requirements: It is presumed that a reasonable number of
attempts have been made if the same nonconformity is subjected to
four or more repairs, or the vehicle is out of service for a cumulative
total of thirty or more business days; or a braking or steering
system failure that is likely to cause death or serious injury is
subjected to one or more repairs (§ 325F.665(3)(b),(c)). Opportunity
to cure after required consumer notice (§ 325F.665(3)(e)).
Affırmative defenses: The nonconformity does not substantially
impair the use and market value of the vehicle, or is the result of
consumer’s abuse, neglect, or unauthorized modifications or alterations
(§ 325F.665(3)(a)); statute of limitations (§ 325F.665(10)).
Replace/refund: At the consumer’s option, the manufacturer shall
replace with a comparable vehicle, or refund the full purchase price
less a reasonable use allowance (defined) (§ 325F.665(3)(a)). A
lessee is not entitled to a replacement, but to a refund
(§ 325F.665(4)).
Other reimbursement: Costs of options or modifications, fees, costs
of towing and rental expenses (§ 325F.665(3)(a)). Costs and
attorney fees (§ 325F.665(9)).
Other remedies: A consumer may bring a civil action to redress a
violation of this section (§ 325F.665(9)). No limit on other consumer
remedies (§ 325F.665(11)). No lemon law cause of action
created against dealer except for separate written express warranties
made by dealer (§ 325F.665(13)). Treble damages for bad-faith
appeal (§ 325F.665(8)).
Informal dispute resolution: For remedies under this section a
consumer must first use the manufacturer’s informal dispute settlement
procedure, if it complies with 16 C.F.R. pt. 703, unless the
manufacturer allows the consumer to commence an action
(§ 325F.665(6)(a)).
Resale of lemon: Full disclosure required, twelve month/12,000
mile warranty (§ 325F.665(5)(a)). No sale of a vehicle with a
serious defect returned pursuant to lemon law in this or any other
state (§ 325F.665(5)(b)).
After submitting your free lemon law case evaluation, one of our attorneys will respond to you within 24 hours.
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