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Lemon Law Questions

170 messages, Last post on Dec 02, 2009 at 10:08 PM
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Getting Some Lemon-Aid From Your Lemon Maker
Think You've Been Stuck With a Lemon?
My Used Car's a Lemon! Am I Stuck With It?
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Replying to: KarenS (Oct 22, 2009 6:59 am) The solution, as always is to pay a little more and get a CPO car.
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Replying to: volvomax (Oct 22, 2009 8:43 am) Well, I don't personally think it has to be CPO. But I do agree to buy from a dealer most times, as you get that added protection of the law (as long as the car qualifies, which varies by state, I think).
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Replying to: qbrozen (Oct 22, 2009 10:40 am) Some states are pretty weak. Why take the chance? |
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I'm in the middle of pursuing a BBB claim against Honda in regards to my 2009 Odyssey. I am not represented by an attorney, although I have looked into it. This is a different sort of claim than most I've read about here. The vehicle initially had a major engine oil leak, which has been repaired. Since that time, it has had a whole slew of other problems, some of which have been major, that I believe were caused by the original repair. The manufacturer has already attempted a final repair, and while they did get the outstanding issues addressed, a mechanic I hired has found an additional problem. It has not quite hit the 30 days in the shop required by my state's laws, but it has had over three repair attempts if you lump all of the problems together. Is the BBB process quicker than a lawsuit? Does anyone have any experience where the poor workmanship of warranty repairs, rather than a single issue, were used in a lemon law claim? Any other advice or insight would be appreciated. Thanks!
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Replying to: d1gges (Nov 23, 2009 3:55 pm) Unfortunately, in your case, you will have hard time wining your case. Usually, they have three attempts to fix the same problem, or 30 days in repair shop. Most states have a time limit. In VA you can only file within 18 months from the purchase date. As far as BBB or lawyer, it really doesn’t matter. If you loose your BBB case, you can still hire a lawyer and sue them. I prefer using the lawyer, because they tell you up front if you have a case, and they do all the leg and paperwork. Good luck.
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Replying to: exb0 (Nov 23, 2009 6:03 pm) Essentially, what happened is this: We were on vacation. A dealer fixed the oil leak by replacing the short block and rebuilding the engine. That took a week. Two hours after picking up the vehicle from that repair, the car dropped all of it's coolant. Another week in the shop...at a different dealer. They also knocked the alignment out. Since then, we've discovered a crimped hose (which took 3 trips to the dealer), noises which were caused by missing nuts and bolts (another 3 trips to the dealer, counting an unnecessary strut replacement and the final repair), and another lesser oil leak. Add to that the fact that now the tie rod end boots are split and leaking grease (which I was told by the mechanic occurred during the engine rebuild) and I've about had it up to here. I'm not at 30 days yet...but I'm close. The real issue is that first repair. I mean...who really forgets to put back all the nuts and bolts? And why is it my responsibility to hire a mechanic to identify things that were not repaired properly? Thanks for your input. I guess I should be prepared for the long haul. Are there any car companies more interested in customer satisfaction than American Honda?
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Replying to: d1gges (Nov 23, 2009 6:31 pm) “which I was told by the mechanic occurred during the engine rebuild”. Get that in writing, and send Honda the last chance letter before you go to the dealer. That’s what’s great about having a lawyer. They’ll tell exactly what you need to do, and my lawyer hired an expert who inspected the van and drafted a report. The same person would have been the expert witness at the trial. If you have multiple issues to fix, don’t fix them on same trip. Have them fix it one at a time, after you send the letter. |
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......DRAMAAAAAAA !!! OK so let me start and mention that I'm a 24 yr old female and this is my 1st car purchase( WHAT A NIGHTMARE!). I purchased a "certified" used Chevy equinox 06 on October 16th,2009. The day of the purchase I had gone back and fourth with the dealership, loved the car and wanted it. I needed a cosigner so I had my grandpa help me. The dealership calls me and says " Wow, amazing your credit score combined has got you a even better interest rate something like 7%". I'm think oh shindig that's awesome. The say we go to sign all the paper work I ask to see the car before going through. The dealership says its being prepared and is not ready so I should just take care of the paper work and then I'll have the car. Whatever okay I sign but wait, NOT THE TOP LINE the sales man says the bottom... okay?? But.. I thought my grandfather was the co-signer so isn't her supposed to be on the bottom line ...? Well yeah..? no..? You are both the owners but this is the way it has to be done says the sales man.. OK so we get in the car and the cars odometer says that the car has 43,500 miles on it?? But all the paper work and the mileage advertised was 38,500. Once I realize I try and rectify the problem with GM corp and I contact the dealership. They both say that the problem will be taken care of and that it will take a few weeks to be updated in their system. I was very concerned because I didn't want warranty to be affected.Then, 4 days after purchasing the car and 3 days after realizing the mileage was incorrect the ENGINE LIGHT comes on. Fast Forward to today... ( December 1st) Ive been to the Chevy mechanics in my hometown 4 times because of the same on going problem that can't be solved. The dealership has been dodging our calls, not returning our calls or giving me the paper work with the correct mileage.I am becoming increasingly concerned about this issue and very worried. Should I return the car..? If so how can I have the lemon law apply to me when the mileage on the car is what determines how long you have the lemon law. And with that said the mileage on the odometer was different from the one written on all the paperwork. Now fast forward into the FUTURE.... If I cannot get this problem with the engine light solved after FOUR times of going to the dealership in a 6 week period, then it will never get solved and I won't be able to ever pass inspection in the future. Is it a lemon? Because I think it is..? And what can I do ?? I feel stuck ...
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Replying to: aarango24 (Dec 01, 2009 8:10 pm) I would contact GM customer service and talk to them about your engine light problem. I would also discuss (calmly) the problems you had when buying the car. |
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Replying to: aarango24 (Dec 01, 2009 8:10 pm) 1) Top line or bottom line. You have two things here. To me, 'co-signing' mean a second person signs as being responsible for paying for the LOAN if the first person stops paying. But, more than ONE person can also be the OWNER OF A VEHICLE (me and my wife both own all our cars). A loan co-signer does not necessarily have to be a co-owner. So, you need to look at your paperwork and determine what went on with your purchase. There should be loan papers showing who is the primary on the loan and who co-signed. There should be ownership/title papers showing who owns the car. 2) Milage. Look at the paperwork for the 'certified' policy. It will show what is covered, for how long (time), and how many miles. Some 'certifications' are only good for 3 months/4,500miles after you buy the car. Some are for 4,5,6 years/60, 80, 100,000 miles total age/milage of the car. You need to look and see what you got with a 'certification'. If throughout the purchase you thought you were buying a car with 38,500 miles, but the odometer says 43,500 miles, this difference could be a problem. If you only have 'certification' that lasts for 4,500 miles after you bought it, then you are already out of this milage period. The dealership needs to resolve this problem and get the appropriate paperwork corrected and re-issued. 3) Check engine light. What is the 'unsolveable' check engine problem? Is this being covered under the 'certification'? The answer to this question should be a Yes or No answer. (Am I right in that you bought the car in one place and are taking it to another place for this problem's repair?) If this is a covered item, and is not going to cost any money to repair, ask a direct question - Can you fix my car? If they answer No, then take it somewhere else. 4) What state are you in? In general, most used car have NO 'Lemon Law' warranty, only new cars can be. But I think some states do require even used cars to have some kind of 'implied' warranty. Give the state you bought the car, people in that state can respond and tell you if there is some state law that might cover the car. I'm sorry for the problem you are having with what is probably the first car you have ever owned. If you spend some time reading the paperwork you received, and giving more info on the above items, there may be some additional answers the readers of this forum can give you. |
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