File lemon-law car complaint quickly

Dear Terry,
I purchased a 2004 Lincoln LS in November 2004. I have not had a chance to enjoy the car because it has stayed in the shop more than on the road. I believe the car is a lemon. It has been in the shop a total of 35 days.

Now it is back in the shop for a new transmission. The car is under warranty. I told the dealership I want another car because it has been in the shop for two weeks. The dealership told me that I have to keep the car until March before I can get rid of it.

Is this true? And what can I do? I do not want to keep paying for a lemon.
Kim

Dear Kim,
I’m sorry to tell you that you likely don’t qualify to file a lemon-law complaint. The laws in most states require an owner to file for such a claim within the first year or so of ownership. You’re well past that time.

I have no idea what the dealership is talking about when they say you can’t get rid of the car until March. You can sell or trade a car at any time, even while it’s in the shop. But you may not be able to get enough to cover the loan balance, provided you financed it.

Here are this week’s reader questions:
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If you have a question for Terry, e-mail him at Driving for Dollars. Save money on your car — sign up for Bankrate’s new weekend Car & Money newsletter.

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