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Uplander Replacement Vehicle and the BBB Autoline

16 messages,  Last post on Aug 05, 2008 at 8:06 AM

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#11 of 16
Re: Uplander Replacement Vehicle and the BBB Autoline [skywalk27] by jenjerry
Jul 08, 2008 (10:32 am)
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Replying to: skywalk27 (Jul 08, 2008 8:04 am)

Well, I've spoken to 3 lawyers and have gotten 3 different repsonses so far. The first is a family friend who doesn't specialize in lemon law just to get his take on where to go with this, the second was some idiot who said I have no lemon rights because it was bought used, the third I really thought would take my case because he said I had all the rights new car buyers do because it came with a warranty. I faxed him my paperwork and he called back to say he couldn't do anything for me because my husband signed a binding arbitration agreement. We had no idea what that was at the time we bought it and the finance guy lied about what it was and rushed us in and out. So, now thought I was out of options other than arbitration.
 
I can't believe GM wanted you to pay them money to take your lemon back. I live in northern OH, so I would love the name of the lawyer you used. The only thing my last lawyer told me was that I had some questionable paperwork and he found a $200 fine to the dealer right away. Then he said he couldn't help me any further. I was really questioning whether or not I've had enough problems with my van to have a case, but from reading other people's experiences, I've realized we all seem to have the same issues. GM is obviously aware of this, so I have hope they will buy back my van. If they don't, I will go to the media as my last hope.
 
I also found a website called www.reviewcars.com that I recommend before anyone's next vehicle purchase. I never knew how many problem vehicles and recalls there were out there. I have never had problems with any other vehicle I've owned four being GM models.
 
Thanks for your help. I didn't know there were laws to override those types of agreements. I just hope they do in my case.
#12 of 16
Re: Uplander Replacement Vehicle and the BBB Autoline [jenjerry] by skywalk27
Jul 08, 2008 (9:39 pm)
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Replying to: jenjerry (Jul 08, 2008 10:32 am)

The fact that the dealer rushed you through signing the papers and lied to you about what the binding arbitration agreement is should fall into a consumer protection law. Also, some binding arbitration contracts will state specifically what you cannot take to court and what can only be argued through arbitration. Even if you decide to go the arbitration route, you can have a lawyer present. And why would the document even be there if they weren't aware of the van having previous problems? It really is amazing that a class action suit has not been filed with all the people that have had the same problems. The website for my lawyer is www.lemonlawlawyers.com I think she practices in Ohio also, but I'm not positive.
 
check out this website too
http://www.ohiolemonlaw.com/arbitration-clauses.html
#13 of 16
Re: Uplander Replacement Vehicle and the BBB Autoline [skywalk27] by jenjerry
Jul 10, 2008 (8:11 am)
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Replying to: skywalk27 (Jul 08, 2008 9:39 pm)

Thanks for the info. I have not yet contacted her, but I am interested to see what she says. I just spoke again to the lawyer who said I would have had a case had it not been for the agreement I signed. Apparently he also specializes in consumer protection laws. He said he could fight it for me, but it would be too costly to be worth it. He has done it before, but I guess the consumer is stuck with the expense. I'm not sure why, but I cannot afford that route, so I guess I will just file the arbitration for $250 and hope for the best. I think I will ask my lawyer friend to come with me just to make sure I get a fair hearing. He won't charge a penny.
 
I'm still going to contact your lawyer just to get one last opinion. I've been suprised at how much lawyers vary in their advice about the same case. I guess it all depends on which laws they know and their experience. It would make sense that all lemon lawyers specialize in consumer protection since it goes hand in hand, but I guess not. I can't believe the one I talked to said all used cars are sold as is and that's that. I'd like to call him back and enlighten him on the facts I found. Don't know how he's even in business.
#14 of 16
Re: Uplander Replacement Vehicle and the BBB Autoline [jenjerry] by jenjerry
Aug 04, 2008 (9:37 am)
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Replying to: jenjerry (Jul 10, 2008 8:11 am)

Update:
 
I filed a claim with the BBB just to see if GM would resolve the issue that way before going the arbitration route. GM called to offer $2000 off a new car. That's it. I would have to eat the other $8000 in negative equity for their lemon! The BBB still hasn't officially opened the case yet, so going to pursue that further for now. Also, I went to the media and they don't want to help me because I think the dealer is a sponsor. I might try another station. I'm getting very aggrivated that GM will not take responsibility and I may be stuck with this for another 2-3 years before I can trade evenly.
 
I did find a website where I can order a big lemon decal for my back window. I will be doing that soon.
 
 
#15 of 16
Re: Uplander Replacement Vehicle and the BBB Autoline [jenjerry] by skywalk27
Aug 04, 2008 (9:59 pm)
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Replying to: jenjerry (Aug 04, 2008 9:37 am)

So basically they offered you the same incentives they offer anyone else.
 
There was a guy in the Flint area that drove around with a sign on his Cadillac saying don't buy this kind of car with a list of all the things that went wrong with it plastered all over his car...I thought that was great...I didn't realize they actually made lemon decals...I'm still waiting to hear back from my lawyer about GMs settlement offer. If you have any questions about the BBB or how to prepare for arbitration, give me a holler
#16 of 16
Re: Uplander Replacement Vehicle and the BBB Autoline [skywalk27] by jenjerry
Aug 05, 2008 (8:06 am)
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Replying to: skywalk27 (Aug 04, 2008 9:59 pm)

Well, it's an extra $2000 on top of all other rebates plus we get a GM supplier discount which is another $1500, but all that gets added back into the price for negative, so that really doesn't help. The only thing that has enough rebates right now is a Trailblazer, but I would still be paying the $30k sticker price instead of the $20k I would pay if they would even trade. Doesn't seem like a fair deal to me. GM would be making more money off me and I would have a higher payment.
 
You're lucky you could go through a lawyer. Hope you get a good settlement. Thanks for your help. I will be in touch.

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