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Just some info. A warranty is a warranty and if the vehicle has one it should be honored.
Magnuson-Moss Warranty Act — The federal Magnuson-Moss Warranty Act states that the manufacturer of any product — from your toaster to your lemon RV — must abide by the warranty. For Delaware vehicles, this includes written or implied warranties, or service contracts.
Where did you get your information concerning used car lemon laws. I have found nothing to indicate they have to be 2004 and newer.
It does not matter. A warranty is a warranty, implied or not. You said the vehicle was under warranty. Call an attorney and ask if they have heard of this.
wasn;t this car retunred voluntarily already. If so, all claims would be off. I am pretty sure by agreeing to turn it back in she looses all cliams agaisnt the company as the contract obligations were not met. If payments had been kept, up, then there would be a claim against the seller.
good luck with it
From my understanding (and I hope I am wrong), if you turned the car back in, you waive all clain on it. Again, I hope I am wrong for you sake. But to keep claim to the vehicle and not suffer the negative consequences of a repo and loss od down payment, you probably would have had to keep the car and keep making payments during the time period. You may have been able to get the payments put into an escrow type account or something pending the car getting fixed, but the bottom line is that the payment and loan are through a bank, not the dealer. You could sue the dealer for damages possibly, but it does not change anything as far as the lender goes and the repo part of it. If you had kept the car and kept making payments, you probably could have forced the dealer to buy it back and pay it off/refund you money on the purchase.
again, good luck with it all.