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Showing posts from October, 2026

Do a Demonstrator's Dealer Miles Count Toward Hawaii's First 24,000 Miles of Operation?

A demonstrator reaches its first buyer with miles already on it, and Hawaii's lemon law counts miles twice. In Hawaii State Legislature, HRS § 481I-2 , the lemon law rights period, which governs repair counts, written notice and the deadline to sue, ends no later than the first 24,000 miles of operation. The reasonable offset a refund deducts for use is measured in miles “attributable to a consumer”. One phrase names an owner. The other does not. For a new car the gap is small: the state's worked example subtracts 14 delivery miles from an odometer reading of 10,041. For a demonstrator it can be thousands. Take one sold at 6,000 miles and driven 1,500 miles a month. If 24,000 is an odometer reading, the period closes after 18,000 of the owner's miles, at month 12. If it counts the owner's miles, it closes at 30,000 on the odometer, at month 16. With a one-year limit on suits, the deadline lands at month 24 under one reading and month 28 under the other. Two definiti...

Once Arizona's Twenty-Four Thousand Miles Close the Count, a Six-Month Suit Clock Starts

Arizona gives one mileage figure two jobs in two sections, and gives the second job no way to move. In Arizona State Legislature, A.R.S. § 44-1264 , twenty-four thousand miles closes the window inside which repair attempts and out-of-service days count toward the lemon law presumption. In Arizona State Legislature, A.R.S. § 44-1265 , the same figure is one of the events starting a six-month deadline to begin suit. Divide that mileage by the time limit printed beside it and the line falls at 1,000 miles a month. Above it the odometer does both jobs; below it, the calendar does. The gap is not small. An owner averaging 1,250 miles a month and an owner averaging 900 miles a month, delivered the same vehicle on the same day, end up with filing deadlines 4.8 months apart. And the one extension clause in this scheme names three periods, none of which is the odometer reading. The two jobs one mileage figure does Section 44-1264 has three lettered subsections, A, B and C, and su...

Thirty Out-of-Service Days Bypass the Final Repair Attempt Georgia's Three-Repair Count Requires

Georgia puts one number in two places in the same Code section, and the two placements do opposite work. O.C.G.A. 10-1-784, in the Georgia Department of Law compilation of the Georgia Lemon Law , makes 30 cumulative out-of-service days one of three ways a consumer establishes that the manufacturer has already had a reasonable number of attempts to repair. Three subsections later, the same 30 days reappear in subsection (b)(1), this time as a standalone trigger for repurchase or replacement, listed in the alternative to a failed final repair attempt. Between those two appearances sits subsection (a)(2), which tells a consumer who has reached a reasonable number of attempts to send written notice and gives the manufacturer 28 days for one more try. Read from the top, the thirtieth out-of-service day drops an owner at the start of that 28-day detour. Read subsection (b)(1) alone, the thirtieth day walks past it. The Department of Law's rule picks the second reading and attaches a pu...

The One Year That Opens West Virginia's Repair Duty Closes Its Presumption

A new passenger automobile is delivered in West Virginia on 10 October 2026 with a three-year basic express warranty. A rattle in the steering column appears in month fourteen. The dealer books it in three times over the following five months and the rattle is still there. The owner reads that West Virginia presumes a reasonable number of attempts after three repairs, counts the visits, and concludes the presumption applies. It does not apply, and the reason is a figure the same article uses two sections earlier to hold the repair duty open for two more years. The figure is one year, and it appears three times in Chapter 46A, Article 6A of the West Virginia Code. In one section it sets a minimum, in the next a maximum, and in a third it is measured from an entirely different event. Three places Article 6A puts one year The article runs nine sections, from legislative declarations in §46A-6A-1 to a savings clause in §46A-6A-9. Three of them carry the figure: the repair duty in §46...

Nebraska's Fortieth Out-of-Service Day Can Fall on Day 365. The DMV Says Earlier.

Nebraska's lemon law presumption has two triggers, and only one of them counts repairs. The other counts days: Nebraska Legislature, Nebraska Revised Statute 60-2704 presumes a reasonable number of repair attempts once the vehicle has been out of service for “a cumulative total of forty or more days.” Nebraska asks for forty, and it asks for all of them inside the earlier of the express warranty term or the first year after delivery. So the question for anyone holding a repair file is narrow: how late in that first year can the fortieth day fall? Read the act alone and the answer is the anniversary of delivery, day 365 in an ordinary year and day 366 when a February 29 sits inside it. Read the Nebraska DMV's own criteria list and the answer moves earlier, because the agency attaches a date to a step the statute leaves open. For a car that spent six weeks in a service bay during its first twelve months, the difference decides whether the presumption reaches arbitration at ...