Volkswagen appeals Lemon Law decision

Posted at 10:55 AM, Mar 15, 2016
and last updated 2016-03-16 03:30:11-04

The Lemon Law helps new car owners get their money back if a defect impacts the value, safety or use of your car.

When Walter Melnyk couldn't get Volkswagen to fix his diesel car because they don't have a fix yet. This came after the car maker was caught cheating on emissions.

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Stuck driving the car, Melnyk filed a lemon law claim.

Volkswagen tried to get that Lemon Law hearing stopped and lost. One victory for the consumer.

Then, Melnyk won again at the hearing getting his car declared a lemon. Volkswagen was ordered to buy it back, but now they are appealing that decision which means this case is headed back to court.

Even Lemon Law attorney, Patrick Cousins, is shocked the manufacturer is appealing. That's why he'll now help Melnyk with his case in court.

Volkswagen is not commenting, but told car owners in a letter that their car is safe to drive.

In the appeal, the manufacturer included a Lemon Law case from New York. The car maker was able to stop that New York hearing until the EPA makes a decision on these cars.

The car maker is asking the court to overturn the Lemon Law decision, because they don't feel they had authority to weigh-in on this.

If the court doesn't do that, Volkswagen also asked for a ruling that would make them not have to buy back the car.

The car maker tried that in Florida, but lost. A court will now decide if that New York case has any bearing on this Florida case.

Cousins said it could take up to nine months for this case to work its way through the courts. Ultimately it could end up before a jury.

Melnyk has become a star of sorts for other diesel drivers, being mentioned in articles across the country.  It shows one consumer can make a difference.

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