The answer is no. The landmark case of Martinez v. Kia Motors America, Inc. stated that “[n]owhere does the Act provide that the consumer must own or possess the vehicle at all times in order to avail himself or herself of these remedies.” The lemon law only requires the consumer to give the manufacturer a reasonable number of attempts to repair the vehicle.
This means that you can bring a lemon law claim after you trade in or sell the vehicle, or after the lease ends.
Remember though that the vehicle, along with the repair orders, is the most important piece of evidence in a lemon law case. Discovery and investigation into the vehicle’s use and condition after it leaves your possession is important to the facts. The amount you received for the vehicle or the costs you absorbed affect your damages.
If you choose to proceed with a claim without the vehicle, be sure you understand how the case may be affected.
If you have questions about a potential claim, contact us today for a free evaluation.
At Goldsmith West, we have noticed a trend of consumers experiencing problems in recent model year Honda CR-V models, including 2013, 2014, 2015, 2016, 2017, 2018, and 2019. These problems include but are not limited to problems with the engine, drivetrain and powertrain problems, loss of power, vibration, hesitation, cooling system, problems where the vehicle will not start, problems with the powertrain control module (PCM), engine knocking and stalling.
There have also been a series of incidents of reported fuel in the oil, and odor of gas fumes inside the cabin of the vehicle.
2018 model year in particular seems to have excess concerns about problems with gasoline in the oil tank.
Attribution: ABC15 Arizona
These vehicles are also equipped with CVT transmissions, which are known to have a litany of issues, as seen in class action cases for other models. (Links) There has been at least one recall issued for this vehicle. (Link)
There has also been a problem with the Electronic Brake Booster (EBB) system for which a technical service bulletin (TSB) was issued.
Consumers may experience the following Diagnostic Trouble Codes (DTCs): P0300, P0301, P0302, P0304, P0172, P0297, P2187, P2583-76, and U3003-16