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Law help


T. Brown 1st MRB

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Purchased a used scooter about 45 days ago, 30 day warranty. It worked great for a week, then noticed the battery kept dying. Took it back to the guy, he claimed he fixed it, worked well again for a week. Then battery started dying again, and then it would just shut off if left to idle, and has now just died.

The NC Lemon law may or may not cover this (I'm waiting to hear back from them), but I am wondering what my options are in either retrieving some of my money back on this or what I can do, or perhaps some things I should start doing now before I even go about trying to get anything back.

Or if I'm just shit out of luck legally and will have to use a last resort of trickery to try to re-cooperate some of the loss.

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Not sure how it works in the USA, but I know up here in Canada that you'd legally be in full rights to ask for a full refund right now, considering that you had it prior to the 30 days and the repair they did has not repaired your concern prior to the warranty expiring or made it worse.

If it did have to go to court, depending on your purchase price small claims and self representation by both parties ensues, then its your word verses theirs before the Judge, make sure you have everything documented, if possible while its still fresh sit down and write out a timeline of events and conversations. Keep any receipts, repair documents and so on all together with the timeline.

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Not sure how it works in the USA, but I know up here in Canada that you'd legally be in full rights to ask for a full refund right now, considering that you had it prior to the 30 days and the repair they did has not repaired your concern prior to the warranty expiring or made it worse.

If it did have to go to court, depending on your purchase price small claims and self representation by both parties ensues, then its your word verses theirs before the Judge, make sure you have everything documented, if possible while its still fresh sit down and write out a timeline of events and conversations. Keep any receipts, repair documents and so on all together with the timeline.

Exactly what I've been doing. Got all the receipts for the work he supposedly did and all other paperwork. Unfortunately, the laws vary by states on which rights I'll have regarding the warranty and whatnot. Hopefully when I hear back from the Lemon Law people, they'll give me good news! Thanks for the advice!

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I'd say you have a good civil case. If you agreed in writing on a 30 day warranty and it failed in 1 week and then again 1 week after the seller claimed to have fixed it totaling 14 days and you can document the damage to the scooter. In civil court all you need to prove is that you have met the terms of the warranty clause of your contract and that you have a reasonable expectation that you were buying a working scooter (i.e. it was advertised to you as a fully functional scooter before you bought it). Many attorneys will do a free meeting with you to discuss your case before they require a retainer payment so I'd suggest looking around for a local reputable lawyer and seeing if they'd meet you free of charge and give you a better idea of your options going forward.

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