I agree. A new car smell is pleasant not the smell of death. I would recommend the following. Contact the district rep listed in the rear of the owner's manual. Tell him that the smell is making the drivers sick and you have had it to more than one dealership who have acknowledge a problem but have been unable to fix it. Therefore, the car does not meet the requirements for which it was made.
I first have to explaine how the Lemon Law works. First, it has to be a safety issue that is unresolved by a minimum of three trips to a certified dealership. If they are unable to fix the problem and the vehicle is potentially unsafe, the vehicle needs to either be replaced or a refund needs to be provided. In your case, there is nothing unsafe wrong with the vehicle such as brakes, an engine that won't stay running. However, the manufacturer needs to know that the smell is causing the driver to get violently ill when using the car. As a result, it could cause an accident.
It is a stretch, but if the car smells like you described, why would anyone want or be able to drive it. Let them know that the dealers that have worked on the problem have tried to eliminate it and no matter how long you air out the vehicle, it doesn't go away. If they can't fix the problem, you either want a replacement vehicle or a full refund. Be kind but firm. Also, make them aware that you understand the Lemon Law and you feel that one of your parents are going to get sick driving the vehicle and have an accident. Also, if that happens, you will get legal representation.
That is how I would handle it. What will most likely happen is a district rep will meet you at a dealership and check the vehicle.
Let me know what happens, of if you have other questions.
Joe
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Saturday, July 3rd, 2010 AT 2:34 PM