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How do you return or exchange a brand new defective car?

Houston, TX |

I purchased the car yesterday. I test drove it on the street not the freeway. I drove it this morning past 55 mph and the car vibrated, but when I depressed the brakes, the steering wheel looked like it was about to fall in my lap. I took it back to the dealer and it has defective or damaged rotors. The vehicle has less than 100 miles.

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Attorney answers 3


You have a warranty. They need to fix. Be diligent about bringing it in regularly as this is not normal...


You can bring it to the dealership and have all the problems fixed under warranty.


There is a legal doctrine that some states have adopted called shaken faith. It basically says that if you have a very serious defect occur very quickly after purchase then your faith in the reliability of the product may be sufficiently shaken to justify calling it a breach of the warranty, but state laws are different on this and you need to talk to a local TX lemon lawyer to see exactly what your state law says and how it works. For a new car in TX, your state lemon law says that a lemon motor vehicle is one that fits any of these definitions - 4 unsuccessful repairs when 2 occurred within shorter of 1 year or 12,000 miles, and other 2 occur within shorter of 1 year or 12,000 miles immediately following second repair attempt; or 2 unsuccessful repairs of a serious safety defect when 1 occurred within shorter of 1 year or 12,000 miles and other occurred within shorter of 1 year or 12,000 miles immediately following first repair; or 30 calendar days out of service within shorter of 2 years or 24,000 miles and at least 2 attempts were made within shorter of 1 year or 12,000 miles. If you are serious about wanting rid of it, talk to a local lemon lawyer first. There are several listed in Houston and nearby at But act quick before it's too late.

This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link ( and find one near you

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