Suing Ford for Lemon - Lemon Law

[pwscott]

I was helped greatly and very professionally by the Vermont Lemon Law Board. They provided clear instructions on what I should be documenting and how to file the complaint. While I had access to a lawyer friend if needed, I never had a need for a lawyer to make the Lemon Law filing. My 2020 ExplorerST was never able to have reliable SiriusXM data and often got 'stuck' on a given XM channel and could not be changed or volume adjusted or phone call answered on BT. Ford made 6 attempts to resolve it and I gave them 6 months to fix it with a promised firmware upgrade.
They tried replacing various modules, APIM , etc and downgraded and upgraded firmware to no avail...problem kept returning and you had to either fully power off the car and open the door and restart or hold down Volume and '>>' for 15 seconds to reboot the system underway.
Anyway, Ford agreed to settle with me without even having the hearing. There's a formula ion the state and federal laws prescribing how they calculate the buyback.
What I asked for was a buyback and for Ford to prioritize my new build of a 2022 ST. I then took over an order already placed by a dealer locally that was exactly what I wanted....Stone Blue, Street Pack, Sunroof, etc. They built it January 9th and it just arrived this week in NH for me to pick up. Hopefully your state board can be as helpful in guiding you.

 

[Spacey]

You are lucky. Having a State operated board to assist citizens is not common. Most states have laws in place with varying levels of support for their citizens with a lemon complaint. Some aren't at all helpful for the claimant and those folks end up stuck owning a lemon vehicle, or eat the cost when they finally have to dump it.

 

[stacieimc]

Hello,

First post on here, so I apologize if this is in the incorrect spot/format,etc.

So we purchased a 2020 Ford Explorer Limited in May of 2020. We just paid it off, but also just picked it up from the dealership for the 8th attempt of correcting the Auto Hold System Fault that keeps popping up (among many other continuous issues). We JUST hit 36K miles. I called Ford Corporate a few months ago (around 28k miles on vehicle at that time) to initiate a Ford BuyBack and was denied and told I can reapply in a year. I've since seeked legal consultation and was told after the 4th attempt to correct/fix an issue without success, deems the vehicle a lemon.

My question is, has anyone on here ever sued Ford after a similar scenario, and if so, what were the suggested/provided outcomes from legal? I'm just beginning the process, but if they're going to simply offer to purchase the vehicle back for 35k, that would make it unfavorable on our end (spent 56K total) and wouldn't really be worth our time. Just looking for information on outcomes from people who have went through a similar scenario. I've heard of someone getting 15k knocked off the purchase price, which would be nice for short term, but would prefer MSRP to MSRP swap into a 22 explorer to see if they've lined out the issues. (hopeful).

Just in case anyone is wondering, the issues we've dealt with so far are:

recalled transmission inter-cooler: replaced
Harsh shifting transmission: rebuilt transmission
Blue backup screen:reprogrammed, and replaced rear camera
Heat stopped working on passenger side, but would work on driver side: Replaced heater core
Auto Hold System Fault: replaced actuators 3 times, reprogrammed 5 times.
Vehicle lunges forward or backward with no brakes when putting it in drive or reverse: couldn't replicate at dealership
Bluetooth connects and disconnects while driving long distances: was told it is our phones, couldn't duplicate. updated software.
Heat not blowing from headliner vents in 2nd row: apparently, it's not supposed to, only AC. heat only blows from under 2nd row seat
Deep sleep mode activated, remote features disabled: updated software
4wd fault: replaced speed sensor
Drive mode not available when it was in Drive: couldn't replicate.

I've got 66 photos on my phone of all the warnings on dash with mileage/dates for the service tech to send to ford if they couldn't replicate as "proof." I was told that would be sufficient if the problem persists and they aren't able to replicate.

Thanks!

-Keith

Hi Keith,

I'm in the same boat, it's horrible. Were you ever able to get any help? Please reach out if you have any suggestions. thank you stacieimcgraw@gmail.com

 

[stacieimc]

I have a 2020 Ford Explorer ST that has been a total Lemon, never experienced this before ever, but it's been awful. Today, my car is dead in my driveway and I'm stuck paying $500/per week ($500 is my monthly car payment also) for a rental car out of desperation. I've had issues with the local dealership, who has given up and refuses to take my car back. Ford Motor found a loop hole in the NM Lemon Law because I bought my Ford in another state.

Now, I'm stuck and screwed with no working car and all future repairs, I will have to pay for myself. Even though there were identified and serviced by the dealership under my bumper to bumper warranty. Desperately seeking a lawyer to avoid losing thousands of dollars and avoid bankruptcy. If you have a 2020 Ford Explorer that you've experienced on-going, unfixable issues and Ford Motor will not help, please contact me. I'm looking to open a class action lawsuit agains Ford Motor company. I have heard from several Ford employees that the 2020 Explorer has extensive issues.

 

[jsgoofn]

Thread '2020 Explorer - Lemon Law' 2020 Explorer - Lemon Law

 

[jsgoofn]

Also, contact your local news - they usually have reporters who help with issues such as these. Most dealers don't want negative attention and perhaps this will get them to take care of you. Or, look for lawyers who work with consumer issues. Many will take a case with no money up front if they think they can win.

 

[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.

 

[peterk9]

Hi Keith,

I'm in the same boat, it's horrible. Were you ever able to get any help? Please reach out if you have any suggestions. thank you stacieimcgraw@gmail.com

Welcome to the Forum.
FYI, the member you quoted was last seen here on March 29, 2022 so may no longer be following.

Peter

 

[stacieimc]

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

Hi,

Did you have any luck? I've got a 2020 Explorer that is absolutely dead right now, the local dealership is now refusing to fix it. I've reached out twice to Ford Motor company, they closed my first buyback request last year after replacing my engine. They recently denied my buyback request, my transmission is completely locked up and has been throwing errors since last year, because I purchased my car in another state. Now, i have a car payment, no car and pay a car payment every week to Hertz for a rental.

If anyone has any advice or is interested in joining a class action lawsuit, please let me know.

 

[peterk9]

Hi,

Did you have any luck? I've got a 2020 Explorer that is absolutely dead right now, the local dealership is now refusing to fix it. I've reached out twice to Ford Motor company, they closed my first buyback request last year after replacing my engine. They recently denied my buyback request, my transmission is completely locked up and has been throwing errors since last year, because I purchased my car in another state. Now, i have a car payment, no car and pay a car payment every week to Hertz for a rental.

If anyone has any advice or is interested in joining a class action lawsuit, please let me know.

The member was last seen here on June 17, 2021.
You are probably better off to just post your message without quoting a member. Anyone active will likely post a reply. If purchasing out of state is spelled out in the Lemon Law as a reason to deny the buy-back, then I doubt you will have any success.

Peter

 

[J_C]

... because I purchased my car in another state.

If anyone has any advice or is interested in joining a class action lawsuit, please let me know.

Why are you trying to skip over the obvious solution which is consult a lemon law lawyer in the state you purchased the vehicle in?

Many will do a free consultation. I hope you have well documented everything that has transpired up to this point.

 

[stacieimc]

Hi,

Did you have any luck? I've got a 2020 Explorer that is absolutely dead right now, the local dealership is now refusing to fix it. I've reached out twice to Ford Motor company, they closed my first buyback request last year after replacing my engine. They recently denied my buyback request, my transmission is completely locked up and has been throwing errors since last year, because I purchased my car in another state. Now, i have a car payment, no car and pay a car payment every week to Hertz for a rental.

If anyone has any advice or is interested in joining a class action lawsuit, please let me know.

Why are you trying to skip over the obvious solution which is consult a lemon law lawyer in the state you purchased the vehicle in?

Many will do a free consultation. I hope you have well documented everything that has transpired up to this point.

Thank you for your assumption. I've not skipped over that step, I've reached out to several lawyers in my city/state, the DOJ also. There are not many lawyers here interested in lemon law cases, most prefer the petty low hanging auto injury cases. However, I'm in the process of that also, with little success.

 

[J_C]

^ Not your city/state, rather the state the vehicle was purchased in? I am fairly certain that there are lemon law lawyers willing to take a valid case. That is their purpose. They are not the same lawyers who do personal injury cases.

Perhaps you are muddying the waters too much with all this talk of class action and just need to focus on the simple facts of when it was purchased and when attempts were made to fix the vehicle, how long it has been out of commission.

However as drawn out as your case seems to be, it seems a little strange that you would be paying $500/week for a rental car instead of just buying a beater to drive for a while. Used car prices are still ridiculously high, but you can even rent beaters, or longer term rentals of newer, for far less than $500/week.

 

[stacieimc]

^ Not your city/state, rather the state the vehicle was purchased in? I am fairly certain that there are lemon law lawyers willing to take a valid case. That is their purpose. They are not the same lawyers who do personal injury cases.

Perhaps you are muddying the waters too much with all this talk of class action and just need to focus on the simple facts of when it was purchased and when attempts were made to fix the vehicle, how long it has been out of commission.

However as drawn out as your case seems to be, it seems a little strange that you would be paying $500/week for a rental car instead of just buying a beater to drive for a while. Used car prices are still ridiculously high, but you can even rent beaters, or longer term rentals of newer, for far less than $500/week.

While the issue has been going on for a year +, the car being dead is a recent thing. I have a job and 3 kids, I have to have something to drive. I'd hope that this would be temporary, but this is looking longterm, so obviously I'll be looking for something more sustainable.

If you have any helpful advice or recommendations on who to reach out to, I'd be happy to hear it. If you're simply going to question my course of action based on your assumptions and the little I've posted here, please don't take up my time. Thank you for your understanding.

 

[J_C]

What state did you buy it in and which lemon law attorneys have you contacted in that state?

Your account of things simply does not make sense. Even if you somehow fall short of the lemon law, or their buyback requirement, there is still the powertrain warranty.

You stated,

I've reached out twice to Ford Motor company, they closed my first buyback request last year after replacing my engine. They recently denied my buyback request, my transmission is completely locked up and has been throwing errors since last year, because I purchased my car in another state.

So what exactly was stated as to why they won't buy back the vehicle, what did the lawyer you contacted in the state of purchase, state was the reason it does not qualify as a lemon, and what exactly was stated as to why they are not fixing your transmission?

If you're simply going to question my course of action based on your assumptions and the little I've posted here...

Yes, exactly, you've posted so little and left out everything relevant, that I find it hard to believe that you are handling this correctly. If you do not qualify for the lemon law, or buyback in the state it was purchased in, you should still qualify for the drivetrain warranty to have it repaired, unless of course, this was a salvaged vehicle w/o warranty, or it is past the mileage limit.

It's not wasting your time at all to suggest that you are putting the cart before the horse, hoping to organize a class action which if anything may only delay the normal remedies available to you.

 

[Pioneer4x4]

... I've got a 2020 Explorer that is absolutely dead right now, the local dealership is now refusing to fix it. ...

WHY? Are you out of warranty?
This is the only issue you have, Lemon laws probably have nothing to do with your situation.
What is wrong, what does it need, and it is under a warranty or not.
I can't think of ANY state that Lemon Law would apply 3, maybe 4 years out.

 

[peterk9]

While the issue has been going on for a year +, the car being dead is a recent thing. I have a job and 3 kids, I have to have something to drive. I'd hope that this would be temporary, but this is looking longterm, so obviously I'll be looking for something more sustainable.

If you have any helpful advice or recommendations on who to reach out to, I'd be happy to hear it. If you're simply going to question my course of action based on your assumptions and the little I've posted here, please don't take up my time. Thank you for your understanding.

What transmission issues have been going on for more than a year that the dealer couldn't fix? Also, as Pioneer4x4 mentioned, why is the dealer refusing to try and repair the issue? Instead of paying the weekly rental fee long-term, why not have the vehicle taken to another dealer or an independent transmission shop to have it assessed/fixed?

Peter

 

[stacieimc]

WHY? Are you out of warranty?
This is the only issue you have, Lemon laws probably have nothing to do with your situation.
What is wrong, what does it need, and it is under a warranty or not.
I can't think of ANY state that Lemon Law would apply 3, maybe 4 years out.

The transmission is still under warranty, but everything else that they've been attempting to fix and have not, is no longer under warranty. Ford Motor says that I can apply for 'financial assistance', which is insulting, but they will not guarantee it. Ford Motor has gone back and forth on what they can and will do. When I first took my car to this dealership and one beforehand, everything is under warranty.

 

[stacieimc]

The transmission is still under warranty, but everything else that they've been attempting to fix and have not, is no longer under warranty. Ford Motor says that I can apply for 'financial assistance', which is insulting, but they will not guarantee it. Ford Motor has gone back and forth on what they can and will do. When I first took my car to this dealership and one beforehand, everything is under warranty.

And yes, my repairs and issues are text book Lemon law. They've had my car in there to 'fix' the transmission 4 - 5 times now. They had the car 3+ months last year when they replaced the engine, that was the only thing that they've ever been able to fix.

 

[J_C]

The transmission is still under warranty, but everything else that they've been attempting to fix and have not, is no longer under warranty. ... When I first took my car to this dealership and one beforehand, everything is under warranty.

If it is still under warranty, why is it not at a shop, possibly even one that gives you a loaner vehicle?

If everything wrong was under warranty when you first took it to a Ford shop, that's where documentation is important to show that. The date (and mileage) when you first reported the problem is what matters. They can't just not fix it and let the warranty run out, then tell you the warranty is over, for any issue you reported while still under warranty.