Lemon Law and new Vehicle problems

annegal

DIS Veteran
Joined
May 28, 2006
Messages
911
Our New SUV had a door that was hard to open....we took it on the condition that door would be fixed. Took two months for back-ordered part to come in. Door still has a malfunction, which makes it un-openable...sometimes.:sad2:

SUV is now 3 months old...another part ordered....DH told them to order another friggin door if that would solve the problem.


If it can not be fixed...what are our options? A new vehicle?:confused3
 
You need to look up the Lemon Law statute in your state, each one varies. I know from reading the one for IL, there are very specifc steps you have to take. I think the dealership has three chances to fix the same problem. The key is getting them to admit it is the same problem and not a different one. You can generally contact a lawyer and ask them for advice for free or a small fee. It might be worth it in your case. Good luck
 
I know when I was a service mgr in NY, we had 3 attempts to fix the same problem or if we kept the car more than 30 days (at one time or a total of) the vehicle qualified for lemon law proceedings. I would recommend getting on the phone with the 800 # for your SUV manufacturer and filing a complaint, and have them get the district rep involved. I don't think a new vehicle would come out of a inoperable door situation but getting the manufacturer involved would defn help.

Also go as far as you can with the dealership...the Service Mgr, Sales Mgr, dealer principle etc.

I would also do a search on the internet to see if other owners are having similar problems with the same make/model. If you find anything print it out and bring it in with you to the dealership.

Good Luck!
 
My state is also 3 chances to fix. If they can't fix the 3rd time, you get a new car. BUT - they will make you pay for the mileage on the car they are replacing. That's just how it works here, your state may be different.

You may be able to find out more by calling your state corporation commission, or do a google search with your state and "lemon law"
 

I won a lemon law a few years ago.

What our State (Maine) said was you had to have the same problem fixed 3 times. After the 2nd failed attemp to fix it I had to write a letter to the dealership, a "Demand to fix" letter. This gave them one more chance to fix the problem and if by this time it was not fixed I could start the paper work for the lemon law. I also wrote GM asking for a new Van, I was laughted at pretty much, But that was ok because then I got MAD.

I wrote the letter after 4 attempts to fix the same problem because I didnt know the law.

These 3 attempts in my state had to all happend in a 12 month time frame or x amount of miles ( I cant remember the number of miles but think it was 12K)

Save all your paper work, Call your Lemeon law dept in your state, They were a big help to me and by this point I had already had the same problem fixed so many times they just sent me the paper work to ask for a hearing.

I had major problems, "complete" brake loss 5 times, universal joints replaced 3 times, 3 wheel barrings replaced,ABS not working. My list went on and on but won just for the brakes.

I did hire an attorney that went to the hearing with me only because I got a letter from GM saying they were sending a TOP rep, I felt they were trying to bully me and they DID so the attorney was just a procautioin but well worth the $750.00 she cost me (non refundable from GM). You dont need one if you cant aford one.But you need to have facts and stay strong.

We had the hearing in an office at the Motor Vehicial dept. The hearing judge asked both sides what the problems were and what happend each time my van needed to be fixed. I was very thankful he asked me questions about the brakes because GM tried to down play it. I also had a witness with me who was in my van one time when I lost my brakes and they asked her alot of questions.

I also took my Van to just a regular car repair shop and had this guy tow my van to the hearing and he spoke also about trying to fix my brakes with no success.

I remember the GM Rep was laughting at us for having the van towed because they were trying to down play the brake failures and at this point I had not driven my van for 6 weeks, it was parked in my driveway. He said "There is no way I am paying for a perfectly normal van tow to this hearing. My attorney spoke up and said the van had to be at the hearing and there was no way my client was going to drive it! We offered the Rep a chance to drive it but he declined !!!

Also find out (this is important) If your car dealership has factory trained macanices (sp) If they dont this will work in your favor because each dealership that sells new cars must have at least one in the shop. I found out later my dearlership did not.

Judge said we would hear by letter his decision in 2 weeks, we heard in 5 days and I won.

What I got......

GM had to take back the van,(they came to my house with a flat bed trailer, gee no one wanted to drive it) They had to pay off my loan in full and send me a check for the value (minus the payoff) of what the van was worth new minus miles over a certian amount (this cost me $2,500 in miles I did drive alot). They also had to give me back my regestration money (not the tax) I have to say I was thrilled. I had almost $10k in my pocket to put down on another van. More then I had down on this one. I also got the tow fee back and the cost of the rental car I had to get

Please PM me if you need anything. It was alot of work but well worth the hassell of it for me.

Oh and if this door not closing is any sort of safety problem like I am sure it is this needs to be stressed !!!! If possibel rent a car untill its fixed.

I also want to add that I went all the way to the owner of the dealership for help, in fact it was he who suggested I read my lemon law paper work, I really think he was just kidding because when I did start following the steps needed he got really scared and tried to talk me out of it saying "No one ever wins lemom laws" LOL

Good luck
 
I have to add that everyone at the Dealership , including the General Manager , are very, very nice and concerned.

Dh has bought a vehicle from them every 2 years for some time now.

I'm just worried that it is an unfixable problem-unless door is replaced-which I doubt they will do....some spring in the latch keeps popping out & we thought the latch was replaced.

They promised DH a loaner car when the next part comes in ...hoping this does the trick.
 
I went through this with my Hyundai, and it was the same thing in my state -- 3 tries for the same problem.

At least they're treating you nicely and offering you a loaner. I give them credit for that.
 


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