2017 XLT 2.3 transmission failure

[nori210]

I wasn't trying to suggest that you needed to do anything. I was just responding to the comment about the 6F35 being fixed and reliable post 2012...

I know, I didnt take it that way. Just showing also what all they have done. Still trying to find someone else having this similar issue. Or find someone that has done the Lemon Law or buyback.

 

[thefranchise713]

Keep on your CSM. Key points:

-You have tried multiple times in good faith to have the vehicle repaired, with inordinately high downtime
-You qualify for your state's lemon law buyback program, but would rather go through Ford than to have to make it a state claim
-You want to stay in the Ford family.

This vehicle qualifies for buyback if I ever saw one. Keep patient, and good luck.

 

[KayGee]

I've been through lemon law/breach of warranty litigation a few times over the last 25 years. In my experience and discussions with lawyers, I have found that dealers and manufacturers (business in general) are not your friend and do not really care if you are inconvenienced, would prefer to negotiate with them instead of through the courts, or want to stay in "their family".

Know who you are talking to and be careful what you say or sign if you want to "represent yourself". Just like the police say - anything you say, can and will be used against you... Document everything - who you talk to, when, where, about what. I believe Texas is a one party consent state - you may want to verify the legality of recording any conversations you may have from this point forward regarding your vehicle.

This is a big deal - talk to an attorney in your area that specializes in lemon law/breach of warranty/consumer protection law (ask about a free consultation or pay for an hour of their time if you need to). Know your rights and understand what you need to do, and when, to preserve them. I have had some lawyers that have taken cases on contingency and others that wanted a retainer upfront to cover filing and administrative fees. At the end of the day, it all comes down to your risk tolerance level and how quickly you want things to happen. If you are risk averse and just want out of the situation, you will probably get hosed. If you have a higher tolerance for risk and are okay waiting a few months to a year for resolution, you are more likely to come out ahead in litigation.

 

[peterk9]

........If you have a higher tolerance for risk and are okay waiting a few months to a year for resolution, you are more likely to come out ahead in litigation.

Isn't there a deduction from any buy back/lemon law for the mileage on the vehicle? If so, it would be in the defendants favour to then to drag the proceeding on as long as they can.

Peter

 

[kmarnes]

Hard to put mileage on a vehicle without a working transmission.

 

[peterk9]

Hard to put mileage on a vehicle without a working transmission.

That's a very good point. I guess my grey matter hasn't completely thawed out yet after spending an hour cleaning my driveway and the neighbour's as well in -13 C weather with a wind-chill of -21. My bad.

Peter

 

[KayGee]

Isn't there a deduction from any buy back/lemon law for the mileage on the vehicle? If so, it would be in the defendants favour to then to drag the proceeding on as long as they can.

Peter

MI has a formula for calculating usage/mileage and it takes into account the mileage of the first reported incident. If you have problems with a "new" vehicle, report early and report often (if not repaired properly or recurring problem) - it will only benefit you in the long run if the vehicle turns out to be a lemon.

In my experience, there is only so far judges will allow either side to play games and drag things out. From what I have seen, most lawyers are good at notifying the judge when they feel the other side is not acting/negotiating in good faith, and I think the judges pick up on it too. Things don't usually end well for the party that pushes things too far.

 

[thefranchise713]

^

All true stuff. I only mentioned my 'key points' as Ford would rather take it in as a reclaimed vehicle than a lemon law buyback.

 

[nori210]

I spoke to a Lawyer and I qualify for Lemon Law under a 30 day test which is posted on the Texas DMV website. I am also calling Texas DMV in regards to this.

"If your new vehicle has been out of service for repair due to a defect(s) that substantially impairs the use or market value of the vehicle due to defects covered by the warranty for a total of 30 or more days during the first 24 months or 24,000 miles, and the problem still exists. If no comparable loaner vehicle was provided to you by the dealer during this time period, you pass the test."

 

[KayGee]

^

All true stuff. I only mentioned my 'key points' as Ford would rather take it in as a reclaimed vehicle than a lemon law buyback.

Agreed, but at the end of the day, Ford (and any other business) will only do what benefits them. If they were really looking out for their customers and were concerned with the details, one would think they'd do a better job of taking care of the litany of other known issues with their Explorers and other vehicles. Personally, I don't think it matters one bit to them how they take them in - they pretty much all get sent to auction and will show up at another dealer in another state at some point.

I see lemon law/buyback vehicles go through Manheim auctions from time to time and they are all noted as such and the prices haven't been that far off from non-lemon law/buyback vehicles. I have yet to see any going for ridiculously low prices, like half off or something crazy like that. I haven't watched/researched them all, so maybe there are some that do have some crazy prices from time to time.

 

[blwnsmoke]

Isn't there a deduction from any buy back/lemon law for the mileage on the vehicle? If so, it would be in the defendants favour to then to drag the proceeding on as long as they can.

Peter

Typically yes. Some states it goes till the time of 1at repair, some are until the buyback is complete.

-----------------

There is no need to lawyer up or waste money with an attorney. Go through the BBB for free and start the process. If yoiu met what the law requires, the mediator will side with you as you have proven your case and met legal requirements.

It is that simple.

 

[KayGee]

There is no need to lawyer up or waste money with an attorney. Go through the BBB for free and start the process. If yoiu met what the law requires, the mediator will side with you as you have proven your case and met legal requirements.

It is that simple.

Please tell me you are not really that naive... ;-)

https://www.dmv.org/tx-texas/automotive-law/lemon-law.php

"the TxDMV will contact the manufacturer and mediate a resolution. If you're still not happy with the outcome, a Lemon Law attorney could help you escalate your claim to the courts."

"Why Hire a TX Lemon Law Attorney?

When dealing with a dealer or automotive manufacturer, you need to be properly prepared. An attorney will be able to tell you whether you have a lemon, will know exactly how to deal with lemon law issues, and can give you your best option to obtain a satisfactory settlement.
Some benefits of hiring an attorney include:
They know consumer rights.
Resolutions may come much faster with the help of an attorney than if you were attempting to handle the issue on your own.
An attorney's representation gives you peace of mind.
Essentially, an attorney with experience in the state's lemon laws acts as your expert and advocate for your rights. You have a much better chance of a successful outcome when you have someone who can guide you based on their expertise and expertise."

 

[nori210]

Dealer called me today, when I towed it back to the dealer after picking it up, the service adviser told me they were going to request for a new transmission from Ford. Today they called and said Ford sent a new program to try and they drove it 40 miles and had no issues. Either they didnt want to install a new transmission or Ford didnt want to approve. This is really getting on my last nerve and been as patient as I can possibly be.

 

[thefranchise713]

^ Time for an attorney. When that transmission fully learns I'd be willing to bet it's going to drop out again.

 

[peterk9]

^ Time for an attorney. When that transmission fully learns I'd be willing to bet it's going to drop out again.

The 2016 and 2017 Explorers do not have the Automatic Transmission Adaptive Learning system that earlier models had.

Peter

 

[thefranchise713]

They may have removed the reference from the owner's manual, but it's still present in the PCM firmware.

 

[nori210]

Well, Ford csm said the truck doesn't qualify for buyback so I'm stuck with it. Dealer put a request to replace transmission with brand new one. Dealer upgraded me from a Focus to a Fusion.
I'll submit lemon law paperwork to texasdmv

 

[thefranchise713]

I'm sorry you're having to go through this, @nori210.

Your failures are worse than mine were by far, but I had the same "you're screwed" treatment from Ford by their Customer "Service" folks. I can't tell you how much of a rant I'm suppressing right now over it--if anyone deserved a buyback it was you.

Good luck on the lemon law, and let us know what you replace it with.

 

[blwnsmoke]

Please tell me you are not really that naive... ;-)

Texas Lemon Laws - Lemon Law Attorneys | DMV.org

"the TxDMV will contact the manufacturer and mediate a resolution. If you're still not happy with the outcome, a Lemon Law attorney could help you escalate your claim to the courts."

Every single case that I've seen online through the multiple forums I either mod or belong to, not 1 has ever hired lawyer and every one of them has won. Even on here, many when it came to MFT in the early years went through arbitration, showed the arbitrator either live issues or video evidence of the issues and the owner has always won.

There is no need to pay an attorney when you have proper documentation supporting the issues and you are positive you've met the mileage/term/repair attempts etc. I'd never pay for an attorney for a lemon law claim.. they are black and white.

Naive, that I am not.

 

[blwnsmoke]

Well, Ford csm said the truck doesn't qualify for buyback so I'm stuck with it. Dealer put a request to replace transmission with brand new one. Dealer upgraded me from a Focus to a Fusion.
I'll submit lemon law paperwork to texasdmv

You've been more patient then I would have been. Once 30 days hit, you are good to go. If it was something where I was waiting on parts, I think I would accept that given a reasonable rental provided. However, the fact that they've attempted to fix this several times.. I'd be going straight to lemon law and get my vehicle replaced.

Please keep up posted.