Lemon law

[HiGrafX]

My transmission problems continue. In the shop 5x and a total of about 30 days for this problem, and the problem is worse then ever. My dealership has been more than accommodating, but i don't know what else to do. I would not feel comfortable taking this vehicle on a trip. I have put my life on hold long enough for this new vehicle. i don't see any other choice at this time but to pursue the lemon law.

Does anyone have any experience with the lemon law? Or know what i sould expect.

 

[vig1116]

not me, but my experience with anything about laws is TIME... just my 2 cents, but it might take some time for a resolution... i hope im wrong and good luck.

 

[HiGrafX]

I just don't know what else to do. I'm tired of planning me entire life around this dam vehicle. I cant plan any trips because I don't what to drive it far, i don't know if it will make it, and its In the shop every other week. My xterra, that i traded in with 104k miles was more reliable.

 

[LONO100]

it depends on the lemon law in your state. out here in ca, we were covered well. im not sure how it is in your state, but in ca if you purchased a vehicle new, and there have been four or more attempts to repair a problem that cannot be resolved, you are entitled to file the car as a lemon. after that, you will be assigned an agent from the bureau of automotive repairs who will get a statement from you concerning your oreal. after this he/she will ask you for your work order records concerning the problem with the vehicle, and then the agent will ask what your demands are from the seller.

if the agent determines that your claims are accurate and fall under the guidlines of your states' lemon law, he will go to the seller (dealership) and ask that they meet your demands. if they stand firm and do not want to pay for repairs, than the agent will file a small claims court hearing in which you can sue for 10000 dollars in repairs and restitution. if the agent believes you are in the right, they will make a recomendation to the judge in your favor.

it all begins with you finding your local branch of better business bureau who will point you in the direction of your local bureau of autmotive repairs. i know because i just went through this with our mini cooper S that we bought brand new and that had an ongoing problem with its timing chain from the very beginning of ownership. we took ti this far, and BMW didnt budge on it until they realized that there was a small claims hearing that was being filed and that they were about to be ordered to court. they were the most snobbish, rude and self absorbed company, and treated us like crap until the state got behind us. after that, they treated us like royalty, paid for a complete overhaul of the motor, and gave us a warranty on their work after the fact.

GET YOUR RECORDS TOGETHER, LOOK UP YOUR STATES LEMON LAW, SEE IF YOU QUALIFY BASED ON SERVICE HISTORY AND FIND YOUR LOCAL BBB OFFICE. IT WILL TAKE SOME WORK, BUT IF YOUR ARE IN THE RIGHT, YOU WILL WIN. WE DID, BELIEVE ME, WE WENT THROUGH THE SAME NIGHTMARE YOU DID (PROBABLY WORSE) AND IN THE END WE DIDNT PAY A DIME FOR THE NEW REPAIRS AND GOT A WARRANTY AFTER THEY FIXED IT. GOOD LUCK!

 

[HiGrafX]

it depends on the lemon law in your state. out here in ca, we were covered well. im not sure how it is in your state, but in ca if you purchased a vehicle new, and there have been four or more attempts to repair a problem that cannot be resolved, you are entitled to file the car as a lemon. after that, you will be assigned an agent from the bureau of automotive repairs who will get a statement from you concerning your oreal. after this he/she will ask you for your work order records concerning the problem with the vehicle, and then the agent will ask what your demands are from the seller.

if the agent determines that your claims are accurate and fall under the guidlines of your states' lemon law, he will go to the seller (dealership) and ask that they meet your demands. if they stand firm and do not want to pay for repairs, than the agent will file a small claims court hearing in which you can sue for 10000 dollars in repairs and restitution. if the agent believes you are in the right, they will make a recomendation to the judge in your favor.

it all begins with you finding your local branch of better business bureau who will point you in the direction of your local bureau of autmotive repairs. i know because i just went through this with our mini cooper S that we bought brand new and that had an ongoing problem with its timing chain from the very beginning of ownership. we took ti this far, and BMW didnt budge on it until they realized that there was a small claims hearing that was being filed and that they were about to be ordered to court. they were the most snobbish, rude and self absorbed company, and treated us like crap until the state got behind us. after that, they treated us like royalty, paid for a complete overhaul of the motor, and gave us a warranty on their work after the fact.

GET YOUR RECORDS TOGETHER, LOOK UP YOUR STATES LEMON LAW, SEE IF YOU QUALIFY BASED ON SERVICE HISTORY AND FIND YOUR LOCAL BBB OFFICE. IT WILL TAKE SOME WORK, BUT IF YOUR ARE IN THE RIGHT, YOU WILL WIN. WE DID, BELIEVE ME, WE WENT THROUGH THE SAME NIGHTMARE YOU DID (PROBABLY WORSE) AND IN THE END WE DIDNT PAY A DIME FOR THE NEW REPAIRS AND GOT A WARRANTY AFTER THEY FIXED IT. GOOD LUCK!

I'm in NJ, we have a very good lemon law, and according to it I'm way past qualifying for it. My problem is that Ford and my dealership are trying to fix it, they just CANT. At this point they are just trying things because they don't know how to fix it.

 

[LONO100]

if you went passed the requisite number of attempts, you can demand your money back for the vehicle, or even a completely new engine or transmission. what ford is trying to do is not have to replace anything major like that. but under the lemon law you can demand it. what year and model is it? did you buy it new or used? you just have to put pressure on the dealer via the bbb and they will work fast to fix it instead of giving you the run around and having you inconvenienced. trust me, bmw had us languishing for 2 years before we got the bbb involved. after that, they fixed it in less than a week.

 

[1AJeremyD]

I know in MA after 3 failed attempts on the same problem you are able to get your money back on the entire vehicle. If you don't feel confident that they can resolve the issue then I would definitely look into doing it. Sorry to hear all the trouble that you are going through with your new explorer

 

[HiGrafX]

One more try?

Just talked to the service manager, they have something new to try, so I'm dropping it off tomorrow morning. I really think they are trying to fix it. They just don't know how. This attempt to fix has something to do with the transmission cooling system.

 

[snoranger]

Here's a link to NJs lemon law. It has to have gone in for the SAME problem 3 times.

http://www.state.nj.us/oag/ca/ocp/lemguide.htm

 

[Rick]

I know in MA after 3 failed attempts on the same problem you are able to get your money back on the entire vehicle. If you don't feel confident that they can resolve the issue then I would definitely look into doing it. Sorry to hear all the trouble that you are going through with your new explorer

The key here is the "same problem" wording. What the dealership service reps have learned to do is to write up each event slightly differently so they can claim the vehicle wasn't brought in for the "same problem". Be sure to check the wording of your service orders each and every time you bring your vehicle in for repair.

A friend of mine had the "same problem" with the air conditioning on his Dodge Ram. The service writer wrote it up differently each time he brought the truck in. They would not honor the lemon law, but they did cut him a fat check while at the same time getting my friend to sign an agreement saying that once he was paid off he would have no further claims for the problem he was experiencing.

 

[HiGrafX]

The key here is the "same problem" wording. What the dealership service reps have learned to do is to write up each event slightly differently so they can claim the vehicle wasn't brought in for the "same problem". Be sure to check the wording of your service orders each and every time you bring your vehicle in for repair.

A friend of mine had the "same problem" with the air conditioning on his Dodge Ram. The service writer wrote it up differently each time he brought the truck in. They would not honor the lemon law, but they did cut him a fat check while at the same time getting my friend to sign an agreement saying that once he was paid off he would have no further claims for the problem he was experiencing.

This will be my 6th service for the same problem. And its documented correctly.

My dealership and Ford have given me perks because of the problem, and i appreciate that. But the fact is, i still have the problem, its an obvious problem, and my dealership has never tried to deny it. They keep trying to fix it, and i keep hoping that that this is the time that it will be fixed.

I am however not very happy with how Ford has handled this, they should be more involved in trying to resolve this problem.

In the end, if it's a Lemon. It will be Fords problem, correct?

 

[LONO100]

totally agree with rick. no matter how they try to word the work the performed on what part of the car, you need to be consistant in how you describe the problem you are having and make sure they type it word for word on the work orders. thats what saved us and got us the win against bmw.

 

[FordService]

My transmission problems continue. In the shop 5x and a total of about 30 days for this problem, and the problem is worse then ever. My dealership has been more than accommodating, but i don't know what else to do. I would not feel comfortable taking this vehicle on a trip. I have put my life on hold long enough for this new vehicle. i don't see any other choice at this time but to pursue the lemon law.

Does anyone have any experience with the lemon law? Or know what i sould expect.

Unfortunately, I’m not unable to provide any information regarding individual state lemon laws. I would like to see your issues resolved and I want to help make this right. I already escalated your concerns so I will make sure you are called soon.

Cory

 

[HiGrafX]

Unfortunately, I’m not unable to provide any information regarding individual state lemon laws. I would like to see your issues resolved and I want to help make this right. I already escalated your concerns so I will make sure you are called soon.

Cory

Thanks Cory,

 

[w1kedz]

it depends on the lemon law in your state. out here in ca, we were covered well. im not sure how it is in your state, but in ca if you purchased a vehicle new, and there have been four or more attempts to repair a problem that cannot be resolved, you are entitled to file the car as a lemon. after that, you will be assigned an agent from the bureau of automotive repairs who will get a statement from you concerning your oreal. after this he/she will ask you for your work order records concerning the problem with the vehicle, and then the agent will ask what your demands are from the seller.

if the agent determines that your claims are accurate and fall under the guidlines of your states' lemon law, he will go to the seller (dealership) and ask that they meet your demands. if they stand firm and do not want to pay for repairs, than the agent will file a small claims court hearing in which you can sue for 10000 dollars in repairs and restitution. if the agent believes you are in the right, they will make a recomendation to the judge in your favor.

it all begins with you finding your local branch of better business bureau who will point you in the direction of your local bureau of autmotive repairs. i know because i just went through this with our mini cooper S that we bought brand new and that had an ongoing problem with its timing chain from the very beginning of ownership. we took ti this far, and BMW didnt budge on it until they realized that there was a small claims hearing that was being filed and that they were about to be ordered to court. they were the most snobbish, rude and self absorbed company, and treated us like crap until the state got behind us. after that, they treated us like royalty, paid for a complete overhaul of the motor, and gave us a warranty on their work after the fact.

GET YOUR RECORDS TOGETHER, LOOK UP YOUR STATES LEMON LAW, SEE IF YOU QUALIFY BASED ON SERVICE HISTORY AND FIND YOUR LOCAL BBB OFFICE. IT WILL TAKE SOME WORK, BUT IF YOUR ARE IN THE RIGHT, YOU WILL WIN. WE DID, BELIEVE ME, WE WENT THROUGH THE SAME NIGHTMARE YOU DID (PROBABLY WORSE) AND IN THE END WE DIDNT PAY A DIME FOR THE NEW REPAIRS AND GOT A WARRANTY AFTER THEY FIXED IT. GOOD LUCK!

Is 'ca' Canada, or California? Cause if that's California your explanation of how Lemon Law works here is completely inaccurate. Having just won a Lemon Law settlement a few weeks ago from Nissan I can tell you that you may go straight to a lawyer with your lemon law issues (not the bureau of automotive repairs), and that if your case ever does go to court (not likely if it's a legitimate lemon law claim) that a judge can award you up to 3x the purchase price of the vehicle in damages. Most of the time once the case gets to the manufacturers lawyers, if it has merit the lawyers will offer you a settlement which is usually replacing the vehicle with a new one of the same year/model, or repurchasing the vehicle (inclusive of all payments, down payments, contracts, and fees at the time of purchase, as well as your attorney's fees and document fees).

 

[LONO100]

california, and its not innacurate, i did get a lawyer, the firm was norman taylor. his name was jason roland. we had so many problems with that mini we could have won based on a faulty fuel pump problem and the timing chain issue. he instructed us to file a complaint with the bureau of automotive repairs which is under the umbrella of the bbb. the man who was assigned to take our case with the b.a.r. was moses avitia. still sound like im being innacurate? go to yelp.com and look up mini concord ca.my complaints and experiences are written in detail of what we went through. the man who finally decided to settle with us out of court from bmw was the general manager of bmw of concord, his name was james ellis. we were told by moses avitia that he would bring to bmw concord (which mini concord belongs to) our demands that we want the cars motor overhauledwith a warranty on the work and that we were not suing for any monetary gain. at first they stood firm and wouldnt budge, but later on in the same week, changed their tune. if you think im lying, google bmw concord ca, get their number and ask for a guy named james ellis. better yet, google ca bureau of autmotive repairs and ask for a guy named moses avitia. if you want more explanation yelp bmw concord, mini of concord ca, search these dealerships on craigslist. and see what comes up. so dont try to call me out on this because i went through hell trying to win that case. i dont know how you won your case, but just because it might be different from tyour path doesnt mean my case didnt happen. thats the one thing that irks me about this sight, people have to realize that everyone has different situations and that sometimes their experiences dont come out in writing as well because of context. but yeah, dont try to call me out on this one. google bmw concord ca, yelp them, search them on fb or call them up yourself if you think im BSing you. better yet, go look up the ca lemon law.

 

[dco43054]

A new motor vehicle is presumed to be a lemon if it has one or more defects that continue to exist after three attempts at repairs, OR after the vehicle has been out of service for a total of 20 cumulative calendar days. The Lemon Law requires that the consumer write to the manufacturer giving notification of one last chance to repair the defect (see page 3 for more information about this process).

I'd be writing the letter, even if you ultimately decide not to pursue your claim.

The key to asserting your claim is following the letter of the law. If you don't - no refund for you, or new vehicle, at your option

 

[w1kedz]

california, and its not innacurate, i did get a lawyer, the firm was norman taylor. his name was jason roland. we had so many problems with that mini we could have won based on a faulty fuel pump problem and the timing chain issue. he instructed us to file a complaint with the bureau of automotive repairs which is under the umbrella of the bbb. the man who was assigned to take our case with the b.a.r. was moses avitia. still sound like im being innacurate? go to yelp.com and look up mini concord ca.my complaints and experiences are written in detail of what we went through. the man who finally decided to settle with us out of court from bmw was the general manager of bmw of concord, his name was james ellis. we were told by moses avitia that he would bring to bmw concord (which mini concord belongs to) our demands that we want the cars motor overhauledwith a warranty on the work and that we were not suing for any monetary gain. at first they stood firm and wouldnt budge, but later on in the same week, changed their tune. if you think im lying, google bmw concord ca, get their number and ask for a guy named james ellis. better yet, google ca bureau of autmotive repairs and ask for a guy named moses avitia. if you want more explanation yelp bmw concord, mini of concord ca, search these dealerships on craigslist. and see what comes up. so dont try to call me out on this because i went through hell trying to win that case. i dont know how you won your case, but just because it might be different from tyour path doesnt mean my case didnt happen. thats the one thing that irks me about this sight, people have to realize that everyone has different situations and that sometimes their experiences dont come out in writing as well because of context. but yeah, dont try to call me out on this one. google bmw concord ca, yelp them, search them on fb or call them up yourself if you think im BSing you. better yet, go look up the ca lemon law.

What you are describing is arbitration... this is what happens prior to a lemon law suit, if you choose to go that way.

In your original post you stated that under law "and there have been four or more attempts to repair a problem that cannot be resolved, you are entitled to file the car as a lemon" .. this is inaccurate.. the law states that if your problem is not resolved in a "reasonable number of attempts" and "within a reasonable timeframe" .. which changes definition based on the issue. You also stated "than the agent will file a small claims court hearing in which you can sue for 10000 dollars in repairs and restitution." In CA a maximum judgement in small claims court is 7500, in fact lemon law proceedings don't happen in small claims court. And as I stated before, in California if you win a Lemon Law lawsuit the judge MAY award you up to 3x the vehicle purchase price (you would be awarded the vehicle purchase price, plus a maximum of 2x the purchase price for damages if the judge wishes to set an example or teach the manufacturer a lesson).

Most of what you have said in your post about "California Lemon Law" is indeed inaccurate.

I was not attacking you, nor saying you didn't get your issue resolved by taking a legal route, only that your account of "California Lemon Law" is inaccurate.

 

[FordService]

Thanks Cory,

You’re welcome. Please keep us in the loop with any updates.

Cory

 

[HiGrafX]

I think its fixed.

No more noise, 4 days and counting.