Can I request a new vehicle rather than window replacement for a car I recently purchased?
Full Question:
Answer:
We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.
Your argument would be that you want a whole, working new car, not a new car with a replaced window. You did not want to buy that. The counter argument would be that the reinstallation is installed the same as in the factory, and if you have problems they will fix, etc. They have substantially performed the contract, they will say.
You are looking at a full blown lawsuit if you think you can get another vehicle out of them. I don't see it happening. They have an opportunity to fix it, according to the Nevada Lemon Law Statute:
"Nevada Lemon Law 597.630 Duties of manufacturer
If motor vehicle cannot be conformed to express warranties.
1. If, after a reasonable number of attempts, the manufacturer, or its agent or authorized dealer is unable to conform the motor vehicle to any applicable express warranty by repair or correction and the defect or condition causing the nonconformity substantially impairs the use and value of the motor vehicle to the buyer and is not the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle, the manufacturer shall:
(a) Replace the motor vehicle with a comparable motor vehicle of the same model and having the same features as the replaced vehicle, or if such a vehicle cannot be delivered to the buyer within a reasonable time, then a comparable motor vehicle substantially similar to the replaced vehicle; or
(b) Accept return of the motor vehicle from the buyer and refund to him the full purchase price including all sales taxes, license fees, registration fees and other similar governmental charges, less a reasonable allowance for his use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the buyer before his first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service for repairs. Refunds must be made to the buyer, and lien holder if any, as their interests may appear."
You can see the entire statute and discussion here:
http://www.carlemon.com/lemon/NV_law.html
There are numerous local attorneys you can contact to get an opinion, here:
http://www.google.com/search?q=nevada+lemon+law
If you have trouble with the window they replace, continue to follow up. At that point you'll definitely need to consult a local attorney, because you can be sure trying to go solo against a dealer will not bear fruit. Good luck.