2020 Explorer - Lemon Law

[Billy Dunwoody]

2020 Explorer with 17k miles on it, starting the lemon process because it’s been in the repair shop for over 40 days, this time needed a whole new transmission. The first repair was done with 700 miles on the odometer and was the back two doors needing to be repainted. Couple questions for those who have had Ford buyback their car:
1. Did you get the value of the car at the first repair date? I live in California and the first repair date was 700 miles but had nothing to do with the latest transmission repair that put it over the 30 day mark to qualify.
2. Was anyone able to get Ford to waive or reduce negative equity or able to get Ford to pay penalties beyond what you owed?
The reason I ask this is because an attorney is telling me that I can get penalties in addition to my loan being paid off without having to sue and Ford will pay his fees as opposed to me going after Ford in a lemon myself

 

[Mbrooks420]

A buy back and a lemon law are two different things. I don’t believe they owe you more than the payoff.

Why would they?

I also don’t believe they are gonna pay any lawyers fees.

 

[Billy Dunwoody]

A buy back and a lemon law are two different things. I don’t believe they owe you more than the payoff.

Why would they?

I also don’t believe they are gonna pay any lawyers fees.

Lemon law states that any vehicle with less than 18,000 miles on it and been in the shop for more than 30 days qualifies for a lemon where Ford has to either buy the vehicle back from you or put you in a new similar vehicle. I don’t want another Explorer, so I would go with them buying it back/paying off the loan. The penalties, at least what was told to me, is for the time and hassle for being in the repair shop so much. This is why I will consult with many different attornies and also trying to find people who have had their Explorers bought back by Ford

 

[blwnsmoke]

I will tell you How it typically works but states have different laws so how it works in one state isn't how it can work in another.

Typically Ford will give you back your purchase price less a per mile charge. It going based on the first in service mile is typically when it is the same repair multiple times that makes it qualify, not separate issues over the course of mileage.

Attorneys fees can be covered, interest can be covered, extras you had installed can be covered. Again, you need to know your states lemon law. A Google search should tell you.

As far as "damages", I disagree with that but I'm not an attorney.

 

[Billy Dunwoody]

I will tell you How it typically works but states have different laws so how it works in one state isn't how it can work in another.

Typically Ford will give you back your purchase price less a per mile charge. It going based on the first in service mile is typically when it is the same repair multiple times that makes it qualify, not separate issues over the course of mileage.

Attorneys fees can be covered, interest can be covered, extras you had installed can be covered. Again, you need to know your states lemon law. A Google search should tell you.

As far as "damages", I disagree with that but I'm not an attorney.

Thanks! What if it is multiple different repairs? It’s been the paint (700 miles), the seat (4000 miles) and the transmission (17000 miles), all three occuring at different times but together puts it over the 30day mark in California

 

[blwnsmoke]

Thanks! What if it is multiple different repairs? It’s been the paint (700 miles), the seat (4000 miles) and the transmission (17000 miles), all three occuring at different times but together puts it over the 30day mark in California

I believe mileage goes by multiple repairs of the same issue, not different. And some states don't count first service etc, that it's based off of last repair mileage. So again, you need to know your own laws unfortunately.

 

[Billy Dunwoody]

I believe mileage goes by multiple repairs of the same issue, not different. And some states don't count first service etc, that it's based off of last repair mileage. So again, you need to know your own laws unfortunately.

Thanks. Actually, the seat has been documented twice being fixed and still squeaks and that was also at 700 miles looking at the invoice so we are good!

 

[blwnsmoke]

Thanks. Actually, the seat has been documented twice being fixed and still squeaks and that was also at 700 miles looking at the invoice so we are good!

From CA, your mileage will be based on the transmission issue since that's what triggered the lemon law.

"The California lemon law provides that the manufacturer must refund to the purchaser
the following amounts when repurchasing an owned vehicle under the lemon law:
1. Purchase price. The actual price paid for the vehicle, including any charges for
transportation and manufacturer-installed options, but not including charges for
nonmanufacturer items installed by a dealer or the consumer;
2. Collateral charges. Official fees associated with the sale of the vehicle, including
sales tax, license fees, and registration fees; and
3. Incidental damages. Reasonable expenses incident to the vehicle problem for which
the manufacturer is repurchasing the vehicle, not including charges for which the
consumer is justly responsible. Incidental damages include but are not limited to the
following:
 Reasonable repair, towing and rental car costs actually incurred by the
consumer.
 Prepayment penalties, early termination charges and earned finance charges, if
actually paid, incurred, or to be incurred by the consumer.
The California lemon law, and regulations issued by the state to further explain lemon
law requirements, provide that an arbitrator may make a deduction for the buyer’s use
of the vehicle by using the following formula:
# miles driven by the consumer prior to first
use delivery to the manufacturer/dealer for repair purchase
deduction = of the nonconformity that led to the repurchase X price
120,000"

 

[Odrapnew]

As stated, each state is different.

In MN, I believe it's 30 days or 3 failed attempts to resolve the same issue and I think the first resolution attempt must be within 12k miles or 1 year of purchase.