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'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
To be perfectly honest, it sounds to me like you are trying to "double-dip." They have effectively bought out your lease, but, for some reason, you don't see it that way. I'm not sure why. I apologize if I am missing something, but this is how it is coming across ... at least to me.
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
You can't demand anything.
You already got money from Volvo, they aren't going to give you anymore.
As other posters said you've already been make whole on the car, and then some. Why not stick it out or trade it in now?
-mike
Motorsports and Modifications Host
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
-mike
Motorsports and Modifications Host
I am struggling with Honda to pay me back for the repairs. I clearly got a lemon. what do I do? and How do I get them to pay up? ad how do I get another car? i went with Honda because I thought they were great and lasted forever with no problems.
any help for this ex-new yorker, car newbie would be appreciated. thanks.
A 5 year old car, with two parts required and a battery?
If you are not joking - where is the complaint?
Or, maybe you are a New Yorker with nothing but subways and busses in his past.
the lemon law in both Ca and NY is basically the same
the problem is unresolved after so many attempts to fix it and it started within 18 months from delivery to the buyer or 18,000 miles (whichever occurs first). In other words you are out of luck.
My mom owns a 1998 honda accord, bought new. It now has 70,000 miles on it. Due to going alot of very short drives in traffic it had it's brakes replaced 4 times, a/c replaced, power door motor replaced, radio replaced twice along with the normal service (battery, tires, belts) She loves the car.
Are you sure it's a Honda? Maybe they sold you a Ford and just told you it was a Honda. Hondas never break down and never need repairs. You don't even need to put gas in them as they all have tiny little oil wells in the trunk.
Next time avoid drinking the kool-aid and research here on Edmunds first.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
-mike
-mike
-mike
First of all, “lemon laws” vary by state. There is also a federal Moss Warrantee law (or a similar name). Before taking any advice in an internet forum, make sure to read your own state’s laws.
I went with the lawyer since the manufacturer was only attempting repairs on my vehicle, and would not go any further than that when I complained to their national headquarters/customer service. My state’s time limit on lemons was 18 months, so I obtained a lawyer. I went with a national firm with a state presence thinking that I would rather use a firm with prior success in this area and that the local lawyer could follow their processes, use their negotiators, etc. There was no fee upfront, the overall fee (if 100% successful) was 1/3 of the settlement AFTER discounting the value of my car from the overall settlement. I could stop the process at any time and walk away without owing anything. My goal was to get rid of the car, pay off my loan, and get my down payment back. The firm was able to accomplish this plus additional money for maintenance, insurance, taxes, etc, so I am a very happy camper with the exception that I waited years to buy the car and wanted it very badly.
My cars problems in general terms over 14 months:
Electrical: 5 times in shop before fixed.
Engine: 7 times in shop, never fixed (but car was still drivable)
Other: 4 times in shop, never fixed.
Lawyer -> Manufacturer: The car is a lemon, this list of repairs states it is a lemon, we want total buy back (plus items listed above) and lawyer’s fees
Manufacturer -> Lawyer: The car is operating normally and is still under warranty. Your client should contact his dealer if any warranty repair items are necessary.
L -> M: The car is a lemon, this list of repairs states it is a lemon, we want total buy back (plus items listed above) and lawyer’s fees – if you do not agree by X date, we will file in the state’s court system under X law.
M -> L: Here is $X000.00 for your client if he agrees not to file. He keeps the car, the warranty is still intact, lawyer’s fees are included in the $x000.00. (This number was about 1/5 of my down payment – I don’t think my actual down payment ever came up in the negotiations, but I am providing the estimate as gaining it back was my personal goal.) I will share that the offer was a low number and my down payment was about 25% of the car’s price.
My response through my lawyer: No.
Lawyer files suit.
M -> L: We reserve our right for one last repair attempt. (This right is in my state’s “lemon” law, although even if they are successful I can still go through with my case). An appointment was made, a mechanic from outside of the area flew in, and the same repair attempts that never worked previously were attempted on the car. The current problems weren’t fixed.
L -> M: Repairs didn’t work, same demands given
M -> L: Same offer made
L -> M: No
M -> L: Same offer plus we pair lawyer fees. A lengthy court dispute could take 1.5 to 2 years.
My response through my lawyer: No. I own 3 cars and have 2 drivers in my house. I don’t care how long this takes; I don’t need to drive this car.
L -> M: my statement plus original demands.
M -> L: We agree to your terms. Appointments made, money exchanged hands, car returned. Car will have a marked title going forward; I can’t give out the specific information of my case.
Sorry for the long post, but I know how much I looked for information when I started this process, so I wanted to share.
End result was after the huge pain in the behind for all the repairs, etc, I got my down payment back plus a couple thousand more. I am still sorry I just didn’t get a good car in the first place, but I’m glad I took the action that I did.
Last summer the brakes became really soft. The first time, they adjusted the brake pedal, which didn’t do a thing. Before I took it in for the second time, I called Honda customer service and they scheduled an appointment with DPSM(?) District Parts and Service manager. They replaced the master cylinder and the ABS modulator. That didn’t fix the problem. Before the third time, a lawyer sent Honda the “last chance” letter. They cannibalized two different vans, completely replaced the brakes and finally flushed them. That fixed the problem.
Eight months latter the brakes are getting softer again. They are not as bad as they were last summer, but they are getting softer. As a matter of fact, when the van is parked for an hour or so, I can press the brakes down to about 2.5 inches off the floor, and I can hear the air coming out the brake line. After I press the brakes a few times they get really firm.
My lawyer is willing to pursue this case. According to him Honda will pay all the legal fees if he wins, and he doesn’t get paid if he looses.
I have a couple of questions. Do I have a good case? Can there be any consequences to me from Honda if I loose? In other words, can Honda retaliate against me in any way, like not fixing stuff under warranty? Can you give me any reasons why I shouldn’t go ahead with this case?
As far as retaliation if you lose - possible but not likely.
The deed is done, I signed all the paperwork and mailed back to the lawyer.
Why do you think I’ll have to take it in again? Honda had three attempts and the “last chance” letter. Under VA lemon law for safety items such as brakes and steering, the manufacture is entitled to only one attempt.
But, then again, I know nothing whatsoever about Virginia statues or case law.
Let us know how it turns out.
If VA is like NY, you will have zero case and this will be yet another frivolus(sp?) lawsuit as we americans love to sue people. Why not give em a chance to fix it again? It should be a fairly simple fix, most likely the check-valve or vaccum line.
-mike
Also for VA law, the car could be considered a lemon if it was in the shop for 30 or more days total, has a serious safety defect, or has had 3 attempts to repair the same defect regardless if it was eventually fixed or not. If it was fixed, you have to show how it would impact the resale value or safety of the car. That said, qualifying as a lemon under the law and winning a court case are two different things.
Duke
The brakes were fine when I bought the van; they became soft after 6 months. It took three attempts and the “last chance” letter to fix the problem. In those attempts, they replaced the Master Cylinder, ABS Modulator, all four brake lines, calipers, rotors and pads. If it was a simple fix, they would have fixed the problem the first time. Now eight months later the brakes are soft again. Do you see the pattern? It’s a design problem with 07 Odyssey. Am I supposed replace the brakes every eight months? It is just incontinence while the van is under warranty. What am I suppose to do after 3 years? If I don’t go after Honda now, I will be stuck with this van after July 20th, because I only have eighteen months to file the lemon case.
I am not the only one with this problem. Just go to the NHTSA site and see.
I don't think the Lemon Law will cover that problem.
2019 Kia Soul+, 2015 Mustang GT, 2013 Ford F-150, 2000 Chrysler Sebring convertible
-mike
2 parts in 40K miles isn't bad and yes Honda's do indeed break. Shoulda bought a Chevy. At least then you would've expected it to break and when it didn't you would be happily surprised. BTW - I have owned 4 Chevy's and 1 Ford and the worst offender was the 1st Chevy. Everything else has been almost perfect. They have all been excellent vehicles with excellent reliability (knock on wood because two of them have close to or over 100K and they are still in great shape and I want them to stay that way )
Edit: Oh yeah - before I forget, make sure you get that timing belt replaced soon too. When those things break, it's all over for your motor. Those have to be replaced every 60K miles.
I never took it to the dealer, but I did take it off and repaint it. It was a simple 10 dollar job and and still looks good today.
A rank smelling back panel that emits a musty smell every time the car sits in the sun.
(From the snow that piled up inside while it was snowing )....
This is probably your first new vehicle.
Breath deeply.
Repeat 'It's only an inanimate piece of machinery.'
You will not get a new truck.
Start loving the one you have.
The delaer is doing the right thing as it is, and is getting you a new dash.
If the dash is properly installed, there is no reason to assume it will rattle any more than the one the robot put in at the factory.
Nor will it cause any new "can of worms"
Bolivar's advice is best, just relax.
-mike
Thanks!
Or you can file a BBB nonbinding to you arbitration case. If you lose, you have enough time to get a lawyer and go to court.
This isn't an easy case to win. MBUSA won't buy the car back because this is a dealership issue. Lemon Law is for mechanical issues, not cosmetic ones.
It is up to the dealer to make this right. Since you have already repaired the damage, it does make it difficult to establish that it was really there.
since you took the car without comment on the condition, the dealer could argue that it happened after the car left the dealership.
Personally, I don't understand why the dealer didn't just fix the car.
Even as a goodwill gesture, even if they didn't believe they were the cause of the damage.
At this point, I don't know what you options truly are. I seriously doubt that the car will be bought back, unless you can get a REALLY good auto lawyer. Even then, it will be costly.
I'd try to have the dealership at least cover the cost of the repairs.
File a small claims case against the dealer. Present your case or settle.
And then let go of this and get on with your life.
P.S. It is VERY difficult to follow long posts that don't utilize paragraphs.
The solution, as always is to pay a little more and get a CPO car.
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).
'11 GMC Sierra 1500; '08 Charger R/T Daytona; '67 Coronet R/T; '13 Fiat 500c; '20 S90 T6; '22 MB Sprinter 2500 4x4 diesel; '97 Suzuki R Wagon; '96 Opel Astra; '08 Maser QP; '11 Mini Cooper S
Some states are pretty weak. Why take the chance?
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!
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.
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?
“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.
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 ... :O(*************
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.