Wildguzzi.com
General Category => General Discussion => Topic started by: canuguzzi on April 23, 2015, 12:19:43 PM
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Not MG related.
Have a family member with a truck still under warranty, bought new a year ago. Its been waiting for parts for nearly a month and can't be driven. A multitude of things, fueling, electronics and a wobble up front no one seems to be able to fix. Changed tires, the wheels, bearings. Everyone is promising they'll be able to fix it. The common reply is "hang in there, we'll figure it out" Got factory reps involved but not a lot of movement.
I told them to start the lemon law process but wanted to check if anyone here has gone through using the lemon law.
Promises are good but fixes are better. Anyway, I told them to get the clock ticking.
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IIRC they've had it for 30 days the Lemon Law should automatically kicked in.
Then again my memory is more pornographic than photographic.
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Varies from state to state.
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And in some it can be a long fight.
Lady here finally got fed up and parked her Toyota in front of the dealer with big signs on it. Then it only too a month for them to admit to defeat and get her a new car.
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I used the lemon law on a Ford Windstar (a real POS) Went all the way to arbitration and the rep for Ford didn't show up. Gave us all our money back.
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Did a bit more checking and in California there is no need to go to arbitration even if the warranty states that is the company's procedure. In the first 18 months, if it is a safety issue and two attempts to fix it or 30 days have passed, the presumption is the car is a lemon and the manufacturer has to prove otherwise. After that the lemon law still applies during the warranty period and manufacturer still has to prove the car is not a lemon, not you proving it is.
Needed is a letter to the manufacturer so it pays not to take a car back for the same repair twice without initiating the process. It puts a fire under their behinds.
Seems California is rather aggressive when it comes to things like this.
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There're kinda two tiers in "lemoning" a vehicle in California.
Is the particular vehicle and especially the particular concerns already a "known" in the state?
Is this a one off where in essence, one is going it alone with regards to vehicle/failings. That is to say one of the first to raise the particular concerns?
I/we have benefitted in the past from vehicles being lemoned outa California as the structure is very well known on the particular vehicles; Mini Coopers.... BMW in general and a couple others.
First I'd check recall notices on sights such as: http://www.recalls.gov/nhtsa.html https://www.progressive.com/vehicle-resources/vehicle-recall-search/ http://www.nhtsa.gov/Vehicle+Safety straight to the horse's mouth http://oag.ca.gov/consumers/general/lemon and the like.
Next search the particular vehicle regarding service bulletins.
Lemoning out in California is pretty straight forward with the right documentation and reference resources in hand and a mildly aggressive posture on the part of the wronged consumer. Likely - your pal is not the first for that vehicle.
Todd.