I'm going to be patient and wait until the 17th. If it isn't there by then I'll have to evaluate my options.
I've asked for a replacement vehicle and have been told they are conducting a "Good Faith Review." I don't know what that entails as nothing has been explained to me.
This is what I've pulled up regarding the law:
Title 73 P.S. Trade and Commerce
Chapter 28. Automobile Lemon Law
Effective: June 11, 2012
73 P.S. § 1956
§ 1956. Presumption of a reasonable number of attempts
(a) General rule.--It shall be presumed that
a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:
(1) the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or
(2) the vehicle is out-of-service by reason of any nonconformity for a cumulative total of 30 or more calendar days.
Effective: February 11, 2002
73 P.S. § 1955
§ 1955. Manufacturer's duty for refund or replacement
If the manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle with a comparable motor vehicle of equal value or accept return of the vehicle from the purchaser and refund to the purchaser the full purchase price or lease price, including all collateral charges, less a reasonable allowance for the purchaser's use of the vehicle not exceeding 10¢ per mile driven or 10% of the purchase price or lease price of the vehicle, whichever is less. Refunds shall be made to the purchaser and lienholder, if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the purchaser prior to his first report of the nonconformity to the manufacturer. In the event the consumer elects a refund, payment shall be made within 30 days of such election. A consumer shall not be entitled to a refund or replacement if the nonconformity does not substantially impair the use, value or safety of the vehicle or the nonconformity is the result of abuse, neglect or modification or alteration of the motor vehicle by the purchaser.
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So from my perspective I believe it is completely reasonable to request a replacement Explorer. I believe they will either do the right thing and resolve this by getting me a replacement, or they will drag their feet and make this an even more drawn out and horrible experience.