Thread: It's Baaack!
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Old 08-27-2011, 04:06 PM
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"Lemon Laws" very by state. I'd make sure you've documented all actions taken by you and Dodge.

Some "ticking" is normal on cold start up but only for about 5 - 15 seconds. If it continues then there may be a valve spring problem. Some valve spring failures are known to have happened although those were more prevalent in the 6.1L engines.

So, first steps for you is to determine, with the dealer, what's going on. If it's the engine, the same issue, etc....let them work through it. While they are doing that, you need to research what the laws are in your state. Those statutes will describe the rights and responsibilities under the law. You have a duty under the law to follow the process in order for your claim to be honored.

Here's a good source of information:

http://www.carlemon.com/lemonstat.html

Here's a short excerpt from the Colorado law page on how it works:

42-10-103 Failure to conform vehicle to warranty - replacement or return of vehicle.

(1) If the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to the warranty by repairing or correcting the defect or condition which substantially impairs the use and market value of such motor vehicle after a reasonable number of attempts, the manufacturer shall, at its option, replace the motor vehicle with a comparable motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including the sales tax, license fees, and registration fees and any similar governmental charges, less a reasonable allowance for the consumer's use of the motor vehicle. Refunds shall be made to the consumer and lien holder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the consumer and any previous consumer prior to the consumer's first written report of the nonconformity to the manufacturer, agent, or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.

(2)

(a) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the warranty if:

(i) The same nonconformity has been subject to repair four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or during a period of one year following the date of the original delivery of the motor vehicle to the consumer, whichever is the earlier date, but such nonconformity continues to exist; or

(ii) The motor vehicle is out of service by reason of repair for a cumulative total of thirty or more business days of the repairer during the term specified in subparagraph (I) of this paragraph (a) or during the period specified in said subparagraph (I), whichever is the earlier date.

(b) For the purposes of this subsection (2), the term of a warranty, the one-year period, and the thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, or fire, flood, or other natural disaster.

(c) In no event shall a presumption under paragraph (a) of this subsection (2) apply against a manufacturer unless the manufacturer has received prior written notification by certified mail from or on behalf of the consumer and has been provided an opportunity to cure the defect alleged. Such defect shall count as one nonconformity subject to repair under subparagraph (I) of paragraph (a) of this subsection (2).
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