anyone ever used the lemon law?? - Striper Talk Striped Bass Fishing, Surfcasting, Boating

redcrbbr · 11-13-2001, 10:20 AM

i'm in the process of pursuing the lemon law on a new vehical i purchased in december last year. has anyone out there done war with a car manufacturer, also should i retain an attorney?
we are about to get into arbitration, just wondering if anyone has been through this experience before?
thanks..bob m

JohnR · 11-13-2001, 10:44 AM

The Mass Lemon Law allows the dealer/manufacturer 3 times at correcting the same problem on a new vehicle within one calendar year of purchase.
http://www.ago.state.ma.us/auto.asp

Quote:

New Car Lemons
New car buyers are protected under the Massachusetts Lemon Law against serious defects in their new vehicle for one year or 15,000 miles, whichever comes first.

During this period, the dealer or manufacturer must fix at no charge any defect which substantially impairs the vehicle's use, market value or safety.

You must allow a reasonable number of repair attempts: three times for the same substantial defect or 15 business days out of service for any combination of serious defects.

If all the required attempts fail, and you give the manufacturer a formal 7 business day "last chance" to fix the car, but that fails too, you are entitled to a refund or replacement.

You need to document what has happened. For example, many dealers will not give you a repair slip to signafy a second or third attempt at repair so you NEED to make sure you get a repair slip stating the condition AND the "repair" at every visit.

Usually, before arbitration, the manufacturer will attempt to repair at their training facilities or at another dealer.

You should look into the Attorney General's Office, Mass BBB, and if you have AAA membership, they offer some assistance as many dealers/manufacturers allow AAA to assist in problem resolution...

Hope this helps...

Arby · 11-13-2001, 10:45 AM

My friend Vic had a Ford Winstar that he used the Lemon Law on. He won the case and got a different Vehicle (a Chryler Grand Caravan). The thing he did was he had copies of everything. He even made transcripts of telephone conversations with names, topics, tone of the conversation, etc...

Remember, the Dealer has the entire Car Company to back him up. Have your stuff together and it should be interesting. You may or may not need a lawyer. Vic didn't, but he is extrememly "Anal Retentive". If you do retain a lawyer, get one familiar with this kind of suit.

redcrbbr · 11-13-2001, 11:39 AM

i have dealing through the consumer protection agency and have been following their lead. Ford already admitted to us per a phone call that they know this car has had some seriuous problems. has been in the shop over 18 days on 2 occasions in order to repair engine noise. (they basically ripped the engine apart and rebuilt it on 2 occasions). the car is still not right.
The dealership has offered us another vehical. i just want out of the car and want my money back. i have spoken with the attny. gen. office, i was just want to make sure i don't get screwed, i hear that most of the time the manufacturer usually folds before arbitration.

Roccus · 11-13-2001, 11:42 AM

Yep...used it re: my ex-wife....expensive, but worth it...

STEVE IN MASS · 11-13-2001, 12:51 PM

LOL Jerry.

AnthonyN · 11-13-2001, 01:21 PM

redcrbbr what kind of car is it i don't want to be stuck with those problems either.

redcrbbr · 11-13-2001, 04:50 PM

ford focus, bought for my wife as a xmas present last year. been a great car and the wife loved it except...

HESH2 · 11-14-2001, 08:05 AM

IN 1991 I TOOK A FORD F-150 TO THE STATE OF CT. ARBRITATION BOARD.I HAD FULL DOCUMENTATION ON ALL THE PROBLEMS AND DATES OF SERVICE.ALSO GOT HOLD OF ALL FORD SERVICE BULLITINS ON WHAT PROBLEMS THAT PARTICULAR VEHICLE WAS HAVING.FORD HAD A REP THERE ALONG WITH THE SERVICE MANAGER FROM THE DEALERSHIP.I PRESENTED MY CASE TO THE PANEL AND THEY AGREED WITH ME.ABOUT A WEEK LATER I GOT NOTICE FORD WOULD BUY BACK THE TRUCK WITH ALL IMPROVEMENTS (SNOW PLOW,RACK.RUST PROOF,HITCH,ETC.LESS MILEAGE USED).IT TOOK ABOUT A MONTH THE DEALERSHIP TOLD ME TO BRING IN TRUCK AND THEY HAD A CHECK FROM FORD WAITING.GOOD LUCK

JohnR · 11-14-2001, 08:17 AM

Crbbr - is your Focus a 2000? My wife made me trade in a filthy, smelly, 98 F150 Supercab 4WD Off-Road V8 Non-Slushomatic Island Machine for a Tiny & Shiny 2001 Focus. Something about my 5'3 wife getting a baby into the child seat of a 6'7 truck

.We've been pretty happy with it so far. Not as nice qualitywise as a Yota Corrolla but a long way from the GM small cars of the early 90s and ANY Chrysler Product of the 80s or 90s...

Only had a couple problems: Serpentine Belt Tensioner & an loose fitting trim piece problem....

*** BTW, I don't know if you've looked, but technical service bulletins regarding various problems with cars can be looked up here: http://www.nhtsa.gov/cars/problems/tsb/ You may only get a summary of the problem. There were a lot more problems with the 2000 Focus than the 2001. ***

redcrbbr · 11-14-2001, 09:17 AM

must have been made the same month cause the tensioner was changed, along with the water pump and timing belt on the first visit at 9000 miles. i retained an atty. yesterday that a friend described to me as a "junkyard dog" i have him on a leash and will only use him if i need him.
thank-you all for your responses. i'll keep you posted on this continuing saga

JohnR · 11-14-2001, 09:30 AM

I'm not having any timing belt "slap" issues with my engine. There is an annoying Serpentine (fan) belt noise because of slight abnormal wear of the belt, caused by a walking Serp Belt Tensioner but nothing internal to the engine... I specifically got the 2001 because the problems they were havinbg with the 2000 model... There is a fair amount of truth to the old saw about buying a first year model from any manufacturer, detroit or otherwise (I had 10 years working with domestic & imported automobile dealers before becoming a geek)

redcrbbr · 11-14-2001, 09:39 AM

bottom line about this issue is.the engine is still not right plus a couple of other somewhat major complaints. i'm gonna be paying for it for another 4 years. i just have a bad taste in my mouth about this car.

redcrbbr · 03-04-2002, 05:28 PM

today the wife and i signed off and returned the car to ford. ford in turn made full restitution for all interest paid on the loans, taxes, ect. with a nice check.
This whole process of pursuing the lemon law has been a major pain, but i have to admit it is nice to know i'm not going to be paying for a piece of crap for the next 3 years.
considering the wife and i started this whole show back in november.. it is a big relief to be able to put this behind us.

Slipknot · 03-04-2002, 05:31 PM

chris L · 03-04-2002, 05:41 PM

yeah what slip said !!!

mikecc · 03-04-2002, 10:19 PM

my ford SHO was the car from hell 26,000 miles the car was show room cond. and it went thru 2 tranys 1 trany housing 2 cluches , 2 thermostats,1 linkage then they changed the complete design of the transmission and housing and called a service bulletin not a recall. of course sence it was a survice bulletin they would not pay a cent.

JohnR · 03-05-2002, 08:26 AM

I was seriously considering about dropping that SHO V-6 into an MR-2 or Fiero

- that woulda flew!

Red - sorry to hear you've had so much trouble with that car - my wife loves ours... Hopefully we won't run into similar problems...

redcrbbr · 03-05-2002, 09:45 AM

the car was nice, great gas mileage. the wife loved it. I wouldn't hesitate to by another, cept now she wants a f-150 with an extended cab. oh well, gotta keep em happy