Lemon Law??

[ckelly14]

My wife and I purchased a 2013 Ford Explorer sport in July 2013, and although we love the ride and look of it, we've had a number of issues. I have counted 12 separate problems requiring service, including 4 trips for vibration and rattling of the panoramic moonroof. Unfortunately, this still is an issue after having the roof completely replaced.

I called Ford customer service and the very nice person I spoke with said I may be in line for a vehicle "buy-back" due to the number of repairs. She escalated my case to a regional rep that I have not heard from yet.

I have seen mention of "case escalation" multiple times on this board, and wonder if they ever hear from anyone? Considering a lemon law claim but I assume this is a last resort.

If anyone has any suggestions, let me know.

Thanks

Chuck

 

[Dr Plastic]

I know here in VA the problems must manifest themselves within the first 18 months(?) of ownership, the problems must be safety related and been in three times for the same problem, and be out of service 31 days in the first year of ownership. You must check your states Lemonlaw rules as each one is different

Looking at the following website they will not lemon law the vehicle as lined out in the following site

http://www.consumer.sc.gov/faqs/Pages/lemonlaw.aspx

 

[Dr Plastic]

As an aside I had a 2002 VW Passat W8 Lemon-lawed back in 2003. In the first 13 months I owned it, it was in the shop 13 times, had 33 job orders. 3 of which it was in the shop 7 times for the same problems and finally it was out of service 60 days! They bought back the car after I filed 2 separate BBB complaints. I wound up paying a usage fee based on the mileage noted at my first hearing with the BBB. 11780 miles at 15 cents a mile that was subtracted from the money that was returned to me!

 

[blwnsmoke]

Every state is different and a simple google search for SC lemon law states this:
http://www.consumer.sc.gov/faqs/Pages/lemonlaw.aspx


Q. When is a car considered a lemon under the law?
A. The law defines a lemon as a new motor vehicle (passenger car, van or truck) that:

1. was bought on or after October 3, 1989;
2. has a defect that impairs its use or will lower its market value substantially; and
3. which the manufacturer cannot repair within a reasonable time.

Q. What is covered in the law?
A. Defects which do not substantially impair the vehicle's use, market value or safety are not covered. Also not covered are defects caused by the consumer's abuse, neglect or unauthorized alteration of the car, or defects that do not show within the first 12,000 miles or 12 months, whichever occurs first.

Q. If I discover a defect what do I need to do?
A. You must notify the manufacturer (or its agent) of the defect during the term of the express warranty. The manufacturer must make any repair efforts at no cost to the consumer and within a reasonable amount of time. The law presumes a reasonable amount of time to be either three repair attempts for the same defect or thirty days out of service for repairs. The 30 days do not have to be consecutive.

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So your state is not very "consumer friendly" being the 12 months/12,000 miles. Normally they allow beyond that IF the problem is reported within the timeframe even if the multiple attempts were outside the 12/12. However a simply rattle of the moonroof is not going to get you to lemon law status.

If it all based on the date/mileage.. and I can't help you with that. You'd have to see your work orders and try to figure it out.

 

[16maglimited]

In feb 2016 I signed a 3yr lease for a new explorer limited. March 2 2017 I dropped off my explorer at the local dealership because the driver seat lost a rivet in the track and was rocking back and forth. Also a day earlier I noticed smoke coming from the dash and the electronics/screen stopped working and ac wouldn't turn off. It's almost been a month and I still don't have my car back. Ford gave me an escape to drive around but it's not an explorer and I've still had to pay my lease payment. Do I have any options? Thanks for your time. Btw the explorer only has 11k miles

 

[Summers22]

Not a lemon......they are fixing it under warranty and gave you a loaner. Why didnt you ask for an Explorer to drive? What more do you want?

 

[peterk9]

In feb 2016 I signed a 3yr lease for a new explorer limited. March 2 2017 I dropped off my explorer at the local dealership because the driver seat lost a rivet in the track and was rocking back and forth. Also a day earlier I noticed smoke coming from the dash and the electronics/screen stopped working and ac wouldn't turn off. It's almost been a month and I still don't have my car back. Ford gave me an escape to drive around but it's not an explorer and I've still had to pay my lease payment. Do I have any options? Thanks for your time. Btw the explorer only has 11k miles

Your thread was merged with this thread found using the 'Search' feature.

Peter

 

[peterk9]

Not a lemon......they are fixing it under warranty and gave you a loaner. Why didnt you ask for an Explorer to drive? What more do you want?

It would qualify if the owner is without it for 30 days. See post #4.

 

[blwnsmoke]

In feb 2016 I signed a 3yr lease for a new explorer limited. March 2 2017 I dropped off my explorer at the local dealership because the driver seat lost a rivet in the track and was rocking back and forth. Also a day earlier I noticed smoke coming from the dash and the electronics/screen stopped working and ac wouldn't turn off. It's almost been a month and I still don't have my car back. Ford gave me an escape to drive around but it's not an explorer and I've still had to pay my lease payment. Do I have any options? Thanks for your time. Btw the explorer only has 11k miles

This is going to sound a little harsh I think but it is what it is..

Instead of asking us for help on the lemon law, why not google "California Lemon Law" yourself?? Anyone on here is going to have to do exactly that to give you an answer on your particular state. The answers are out there on the net and a 5 second search gave me the answer.

------
California:

The “Lemon Law”: A special provision, often called the "Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) the same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) the same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (3) the vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.
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Sounds like you are approaching 30 days.. I don't know really if it is worth going through the whole ordeal of doing a lemon law over. Yes an escape is not an Explorer but they gave it to you free of charge?? So you are making payments on your lease.. request Ford to make one payment on your behalf. I think that is fair (one less payment you need to make and your re racking up the miles on another vehicle - win win to me). You gave us no information about what the dealer has done, what they are doing, whether they have figured out the problem and whether they have parts on order.

IMO, a grommet coming loose is not worth doing a lemon law claim. The smoke could be something as simple as a fault wire harness or faulty component. Neither of these are concerns of mine where I think I may have these issues pop up again.

 

[16maglimited]

This is going to sound a little harsh I think but it is what it is..

Instead of asking us for help on the lemon law, why not google "California Lemon Law" yourself?? Anyone on here is going to have to do exactly that to give you an answer on your particular state. The answers are out there on the net and a 5 second search gave me the answer.

------
California:

The “Lemon Law”: A special provision, often called the "Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) the same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) the same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (3) the vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.
---------

Sounds like you are approaching 30 days.. I don't know really if it is worth going through the whole ordeal of doing a lemon law over. Yes an escape is not an Explorer but they gave it to you free of charge?? So you are making payments on your lease.. request Ford to make one payment on your behalf. I think that is fair (one less payment you need to make and your re racking up the miles on another vehicle - win win to me). You gave us no information about what the dealer has done, what they are doing, whether they have figured out the problem and whether they have parts on order.

IMO, a grommet coming loose is not worth doing a lemon law claim. The smoke could be something as simple as a fault wire harness or faulty component. Neither of these are concerns of mine where I think I may have these issues pop up again.

I know the Explorer is mechanically sound I am a stickler for maintenance. I do agree, at this point I stopped calling them because I am essentially getting free miles from the escape. The dealer service manager has told me they ordered a new 9pin something. That didn't fix it, new wiring harness, that didn't fix it, as of last tues something else has to be ordered.. no word on the seat issue? I'm assuming it's fixed. I did several google searches about CA lemon laws but since I am leasing I didn't know if the rules were different. I put a pretty large down payment when I got the vehicle and at this point it's about principle I feel they are putting my car on the back burner and if there is something I can get out of it I'm interested.

 

[Summers22]

It would qualify if the owner is without it for 30 days. See post #4.

I did, its a South Carolina lemon law, not a California lemon law where he lives and even though he stated "almost a month", that means less than 30 days, but even that doesnt matter since once again, he lives in California and that lemon laws rules were not posted.