Going to invoke Lemon Law - anybody have experience?

Toggle sidebar Toggle sidebar
Status
Not open for further replies.
S

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
New car, same problem, 3rd time, car's been in the shop a total of 20 days, says they cannot fix until they get part from manufacturer until January! But hey, you can drive the car with an entire bank of cylinders not working says the dealer. (yeah, right, the entire motor is unbalanced, not doing that, you fix)

At this point I'm ready to bring my state's lemon laws into the mix. My next contact/action will be the manufacturer to start arbitration as required by my state. What can I expect out of this process? I expect a replacement car, exactly the same, with the same terms/conditions and no more money out of pocket.3
 
P

Pariah

Elite Member
Apr 16, 2000
7,357
20
81
At this point I'm ready to bring my state's lemon laws into the mix.
Click to expand...

It would help if you told us what state you were referring to. The laws differ from state to state.
 
S

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Pariah said:
It would help if you told us what state you were referring to. The laws differ from state to state.
Click to expand...

You're correct. Here it is from my states AG. I'm tempted to contact the AG's office.

http://ag.ky.gov/civil/consumerprotection/cars/lemon.htm

Informal dispute resolution system or arbitration

Kentucky requires manufacturers of new motor vehicles to provide purchasers of new motor vehicles with a cost-free informal dispute resolution system. The decision is binding on the manufacturer but not the consumer. You qualify if:

The motor vehicle has at least four (4) wheels and is used primarily for personal, family, or household purposes and has never been sold or transferred before.
The dispute occurred during the first two (2) years or 25,000 miles, whichever occurs first.
You are a Kentucky resident AND you purchased the car in Kentucky.

Note: Motor vehicles leased after July 15, 1998 are subject to the terms of this statute only under the New Car Lemon law; i.e., they are only covered for 12 months or 12,000 miles as explained below.
New car lemon law

In Kentucky, manufacturers are required to repurchase an automobile if it is determined to be a "lemon." You can file a suit in a circuit court but you must first go through the manufacturer's arbitration system. To qualify as a lemon:

The automobile must have been purchased new in Kentucky by a Kentucky resident and not have more than two (2) axles and cannot be a motorcycle, motor home, conversion van, or farm equipment. New automobiles leased after July 15, 1998 are also covered.
The consumer must report the failure to repair the non-conformity to the manufacturer within the first 12 months or 12,000 miles, whichever is first.
The problem must substantially impair the use, value, or safety of the automobile.
The automobile has been out of service for the same problem for a cumulative total of 30 days or more or the problem was not corrected within a reasonable number of attempts. Four (4) attempts to repair the same problems is presumed to be reasonable.
Click to expand...
 
R

RKS

Diamond Member
Oct 9, 1999
6,824
3
81
spidey07 said:
You're correct. Here it is from my states AG. I'm tempted to contact the AG's office.

http://ag.ky.gov/civil/consumerprotection/cars/lemon.htm
Click to expand...

currently you don't meet the standard to qualify under the LL. Looks like the dispute will be if the problem is accepted as "... substantially impair the use, value, or safety of the automobile" which it seems it does and will put the car out of commission for at least 10 more days.
I would find out if the arbitration is binding. It is probably advantageous to have counsel at any hearings/negotiations. I have a few friends licensed in KY but I'm not sure if anyone does LL.
 
K

Kelvrick

Lifer
Feb 14, 2001
18,422
5
81
Coworker had her Audi A4 taken back under lemon law. I think it was into the dealership maybe twice a month for 3-4 months. Sometimes for weeks at a time. Got a new engine at one point.

Check engine light would constantly come on, even after the new engine. At one point, A/C stopped working. They offered for her to continue her current payment plan and another $500 for a 2012 S4. I was begging her to take it and somehow sell the car to me, but she declined.

Drives a G35x now.
 
S

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
ScottFern said:
Yeah, it would be nice to know the make/model and the issue you are experiencing?
Click to expand...

2011 Ford Edge. Some kind of sensor causing the left bank of cylinders to be inoperable. Intake side. CAM sensor. They already replaced the actual cam!

From what dealer is telling me they can't figure it out and manufacturer is involved. That's why I want to call it a lemon given so many days out of service. According to my state's laws, they need to fix it...I'm not going to say "ok, you've given the car back but only 3 of the 6 cylinders are working, you didn't fix the problem."

Fuck that. Calling FORD manufacturing tomorrow. I'd rather let the dealership keep it though to try and fix the problem, I'm 15 days away from full on lemon law.
 
theeedude

theeedude

Lifer
Feb 5, 2006
35,787
6,197
126
spidey07 said:
New car, same problem, 3rd time, car's been in the shop a total of 20 days, says they cannot fix until they get part from manufacturer until January! But hey, you can drive the car with an entire bank of cylinders not working says the dealer. (yeah, right, the entire motor is unbalanced, not doing that, you fix)

At this point I'm ready to bring my state's lemon laws into the mix. My next contact/action will be the manufacturer to start arbitration as required by my state. What can I expect out of this process? I expect a replacement car, exactly the same, with the same terms/conditions and no more money out of pocket.3
Click to expand...

No, don't go to big government for protection. Let free market take care of your problem.

Do not make this a political issue as its not, so either contribute or stay out...

AT Moderator
Bartman39
 
Last edited by a moderator:
The Stigenator

The Stigenator

Lifer
Oct 9, 1999
15,216
3
81
obviously the engineers are not on the ball on this one, i am sure someone at ford has been contacted but not the person who knows his / her stuff on that engine. The easiest thing for ford.. put in a new engine rather than try fix it right now. Then later on try open the engine and figure it out.

Else.. they got lousy tech's at your dealership.
 
B

Blain

Lifer
Oct 9, 1999
23,643
3
81
spidey07 said:
New car, same problem, 3rd time, car's been in the shop a total of 20 days, says they cannot fix until they get part from manufacturer until January!
Click to expand...
spidey07 said:
Calling FORD manufacturing tomorrow. I'd rather let the dealership keep it though to try and fix the problem, I'm 15 days away from full on lemon law.
Click to expand...

"The automobile has been out of service for the same problem for a cumulative total of 30 days or more or the problem was not corrected within a reasonable number of attempts. Four (4) attempts to repair the same problems is presumed to be reasonable."

It looks like a forth failed attempt at repair could also trigger the LL in your case.
 
Last edited:
Doppel

Doppel

Lifer
Feb 5, 2011
13,306
3
0
SparkyJJO said:
Knock it off and get your political bullcrap out of the garage :mad:
Click to expand...
If you read enough of Spidey's posts in P&N you'd have to know this quip was completely, unabashedly apropos.

Anyway, good luck with the LL. I think it takes no genius to say if a bank of cylinders are literally not working on a new car it should be an issue applicable to the LL.
 
alkemyst

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
OP you need to carefully read what the law states you posted...you don't qualify yet.
 
PricklyPete

PricklyPete

Lifer
Sep 17, 2002
14,582
162
106
As noted by others in the thread, it does not appear that you qualify yet for the LL. That doesn't mean Ford doesn't qualify for a earful from you. Don't be an ass about it, but making a stink regarding a bad product has never hurt any customer. I'm sure Ford will work with you on this if you push the issue with them.

Have they set you up with a loaner car? If so, at least this situation isn't a complete inconvenience.
 
mvbighead

mvbighead

Diamond Member
Apr 20, 2009
3,793
1
81
Will they not give you a loaner while they repair the issue with your car?

To me, if a guy spends upwards of 25k for a new car, and it needs to be fixed, they ought to at least provide you a loaner or comparable rental while the issue is being investigated. At least then, as far as I would be concerned, you're not really dealing with an issue as it is with the dealer while they figure it out. No sense leaving you with a car that is more or less inoperable while they try to figure out what is wrong when they don't even have the car to be checking any of their assumptions. Kinda defeats the purpose of having that new "reliable" car.

EDIT: Looks like Pete just beat me to the loaner bit...
 
S

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
PricklyPete said:
As noted by others in the thread, it does not appear that you qualify yet for the LL. That doesn't mean Ford doesn't qualify for a earful from you. Don't be an ass about it, but making a stink regarding a bad product has never hurt any customer. I'm sure Ford will work with you on this if you push the issue with them.

Have they set you up with a loaner car? If so, at least this situation isn't a complete inconvenience.
Click to expand...

I know I don't qualify yet, but it's getting close. That's why I'm trying to document everything I can and learn about the arbitration process. They did provide a loaner but I need something that can haul stuff and this focus isn't cutting it. I agree on not being an an ass, but I want some leverage to say "This is getting awfully close to qualifying as a lemon in my state, I'd rather not go down that path but I will if we don't get some resolution to this (as in give me a new car or replace motor)."
 
Capt Caveman

Capt Caveman

Lifer
Jan 30, 2005
34,543
651
126
spidey07 said:
2011 Ford Edge. Some kind of sensor causing the left bank of cylinders to be inoperable. Intake side. CAM sensor. They already replaced the actual cam!

From what dealer is telling me they can't figure it out and manufacturer is involved. That's why I want to call it a lemon given so many days out of service. According to my state's laws, they need to fix it...I'm not going to say "ok, you've given the car back but only 3 of the 6 cylinders are working, you didn't fix the problem."

Fuck that. Calling FORD manufacturing tomorrow. I'd rather let the dealership keep it though to try and fix the problem, I'm 15 days away from full on lemon law.
Click to expand...

Glad that I didn't buy a Ford.
 
LTC8K6

LTC8K6

Lifer
Mar 10, 2004
28,520
1,576
126
Sounds like those engines have cam phaser problems fairly regularly, from a look around the net.
 
LTC8K6

LTC8K6

Lifer
Mar 10, 2004
28,520
1,576
126
I googled for it.

Ford Edge Camshaft Trouble is the phrase I used, I believe.
 
Status
Not open for further replies.

TRENDING THREADS

COMPANY
RESOURCES
FOLLOW
Top Bottom