Goodbye '05 Coupe - You're Lemon Law'd!
#47
Originally Posted by GSpotNY77
I have met all requirements from NYS Lemon Law. You have to bring the car in 4 times for the same problem. If after the 4th visit to be repaired, if the problem returns for a 5th time (which it has), you are eligible to file for Lemon Law. A lawyer would not be needed for this. If anything, it would go to arbitration. If that is the case, I would have to file for it which is $250 for the filing fee, which I can attempt to get back if I win my case.
I read through all 40 pages of the Lemon Law Guide, plus the package I received from the Better Business Bureau, and I definitely qualify... The saga starts and continues......
I read through all 40 pages of the Lemon Law Guide, plus the package I received from the Better Business Bureau, and I definitely qualify... The saga starts and continues......
#48
Wow, all of this is making me afraid to buy a G. Reliability is the #1 criteria I have for buying a car. That's why I own 2 Lexus cars. Every car has problems but Lexus takes care of anything and everything that happens. I used to own 2 Camaro's. I had 2 Monete Carlo's. Loved Chevy's. Didn't love the poor reliability and service. Had a Benz, same deal...crap. I'm not going back to that again.
Are the 05's okay or not?
Are the 05's okay or not?
#50
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Well this is a direct quote from the form to apply, It's kind of fuzzy on meaning but let see what everyone else thinks.
WHAT CONSTITUTES SUBSTANTIAL IMPAIRMENT OF VALUE?
It will depend on the facts in each case. In general, your complaint must be about a serious problem. For example, a defect in the engine which makes the car inoperable is clearly substantial. Some courts have found that the cumulative effect of numerous lesser defects can add up to substantial impairment of value.
WHAT CONSTITUTES SUBSTANTIAL IMPAIRMENT OF VALUE?
It will depend on the facts in each case. In general, your complaint must be about a serious problem. For example, a defect in the engine which makes the car inoperable is clearly substantial. Some courts have found that the cumulative effect of numerous lesser defects can add up to substantial impairment of value.
#51
Originally Posted by reggiek
Wow, all of this is making me afraid to buy a G. Reliability is the #1 criteria I have for buying a car. That's why I own 2 Lexus cars. Every car has problems but Lexus takes care of anything and everything that happens. I used to own 2 Camaro's. I had 2 Monete Carlo's. Loved Chevy's. Didn't love the poor reliability and service. Had a Benz, same deal...crap. I'm not going back to that again.
Are the 05's okay or not?
Are the 05's okay or not?
#52
[QUOTE=GSpotNY77] The dealership has screwed me, so now it's time for me to do some screwing of my own. QUOTE]
Have you ever stopped to think who will REALLY be paying for "your screwing"? The answer is the consumer. I agree to file lemon law if it's warranted, but to ask for $8,000 in payments to be refunded after driving the car for any length of time....just seems absurd to me. Your down payment I can see being refunded. That's like renting a house for a year, and asking the landlord to refund your years rent because you had a leaking faucet.
The same holds true to people "screwing" the insurance companies. The end result is just higher premiums for everybody.
Just my opinion -
Have you ever stopped to think who will REALLY be paying for "your screwing"? The answer is the consumer. I agree to file lemon law if it's warranted, but to ask for $8,000 in payments to be refunded after driving the car for any length of time....just seems absurd to me. Your down payment I can see being refunded. That's like renting a house for a year, and asking the landlord to refund your years rent because you had a leaking faucet.
The same holds true to people "screwing" the insurance companies. The end result is just higher premiums for everybody.
Just my opinion -
#53
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Originally Posted by picus112
This is an internet forum. The percentage of issues you see in any manufacturer related forum compared to the real world is much higher because when people have problems one of the first places they go is the ol' www. I'm not going to give you anecdotal evidence, I will just recommend you research the G35's reliability history. It speaks for itself.
![Smilie](https://g35driver.com/forums/images/smilies/smile.gif)
#54
My opinion go for the lemon, I have done it twice in NY. It was a while ago but I prevailed in both cases. First one was a 86 Ford Bronco II. Everytime the car sat in the rain the seatbelt for the drivers side would get wet. Really could not use it because it would soak you. Dealer screwed around with it for months but could never correct it. I won the case. Ended up with a 87 Turbo Coupe. They calculate the cost by dealer cost for the lemon vs dealer cost for the new car. Traded in the Turbo Coupe for a 89 SHO. Another lemon - had brake and transmission problems. Won again and this time got a 90 Explorer. That was my last Ford. Now driving a 03 Coupe (purchased new 12/31/02) and have had zero problems. My wife is driving a 05 Saab 92X Aero purchased when GM was dealing on huge rebates and employee pricing. Any how my advice to you is to document everything and I mean everything. Log every phone call to the dealer and Infiniti consumer affairs. Be sure you have copies of every work order. In my cases I had to provide all that stuff to the arbritor prior to the arbiteration. I had it all arrainged in date order in a binder. Make it as simple as you can for them to review it. My first case was before arbitration and was handled by the State, second was when they required arbitration. Infinite will be entitled to see your records and the arbitrator will provide it to them. In both of my cases Ford caved in so I never really got to arbitration. One other thng-they are going to ask you to give them one last chance, I think it will hurt your case if you do not give them the opportunity to try one last time, Good luck
#56
This sucks what is happening to you but sometimes as consumers, **** happens. Filing a lemon law is not as easy as you make it out to appear. For one, this is fairly newly designed car with documented proof of the problem existing but being repaired in other cases. i think your reluctance to go to another dealership and have them attempt to fix the problem says alot about your true intentions. i had the problem on an o5 6mt and took it to Millinium Infiniti and the problem was resolved.
#57
Originally Posted by DEM SUGA
This sucks what is happening to you but sometimes as consumers, **** happens. Filing a lemon law is not as easy as you make it out to appear. For one, this is fairly newly designed car with documented proof of the problem existing but being repaired in other cases. i think your reluctance to go to another dealership and have them attempt to fix the problem says alot about your true intentions. i had the problem on an o5 6mt and took it to Millinium Infiniti and the problem was resolved.
G_coupe_in_AZ: Asking for my down payment and all of the payments I've made thus far into my lease is not unreasonable. I'm doing what the Lemon Law allows me to do. I didn't make up the law. So, if the law says I can get my money back, I'm going to do what I can to get it back.
Also, I'm not a technician, but how am I supposed to know if this rear axle clicking problem is going to be a safety concern in the future? It might be a safety concern now, and this might not impair the value of the car, but God forbid something does happen when I'm driving the car. I'm not going to take that chance. So if I can get out the car, why keep myself in this situation.
I know everyone has their own opinions, but when fellow members write about their problems and IMO proper ways to rectify situations like I've done many times at Competition, don't go around telling people "about what my true intensions" are. My intensions are to get my money back, and go elsewhere with my business. If you got your car fixed, and you're happy and still want the car, then that's your decision. Not mine. I don't want the car anymore, and I'm not going to sit through 3 more years of bull$hit service at Competition, when driving 25 - 35 miles to get to another Infiniti dealership is out of the question for me.
#58
I arbitrate Lemon Law claims in Florida. I don't know NY law, but it sounds very similar.
Manufacturers rarely roll over on something like this. You will likely have to arbitrate and the question will be whether the clicking is a) covered by the warranty, and b) a substantial impairment of the use, value or safety. I can go either way on noises -- I have to hear it myself at the arbitration and it has to be able to be replicated on a test drive without all kinds of unusual gyrations.
Maybe NY law is different, but in FL you don't get all your money back. Infiniti could be forced to repurchase your vehicle MINUS an offset for your use of the vehicle based on mileage and less any unusual wear and tear. You don't get to ride for free.
How many months have you owned the car? If you are driving it average mileage that goes to show you were not substantially impaired in the use.
Also -- we wary of one of the problems with repurchases. In FL, the dealer can object to your trade-in allowance if it shows on the paperwork as higher than trade-in book value and you can lose money that way too.
Good luck. I hope it all works out for you.
Manufacturers rarely roll over on something like this. You will likely have to arbitrate and the question will be whether the clicking is a) covered by the warranty, and b) a substantial impairment of the use, value or safety. I can go either way on noises -- I have to hear it myself at the arbitration and it has to be able to be replicated on a test drive without all kinds of unusual gyrations.
Maybe NY law is different, but in FL you don't get all your money back. Infiniti could be forced to repurchase your vehicle MINUS an offset for your use of the vehicle based on mileage and less any unusual wear and tear. You don't get to ride for free.
How many months have you owned the car? If you are driving it average mileage that goes to show you were not substantially impaired in the use.
Also -- we wary of one of the problems with repurchases. In FL, the dealer can object to your trade-in allowance if it shows on the paperwork as higher than trade-in book value and you can lose money that way too.
Good luck. I hope it all works out for you.
#59
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Yeah, it sucks to hear another member having problems with their G35. In all fairness, like someone said, they ask you to go to another Dealer other than then one you have been going to and offered to pay for milage and gas and you said no, I would have to guess the arbitrator will not look to keenly on that. Going 35 miles for Warranty issues isn't that far (I went 30 miles to buy my car and would go back if I had any problems with the one near by). Although, your circumstance is different, the arbitrator won't see it that way. Also like someone said, Infiniti won't just sit and take this lightly, I'm sure. They sold almost 29,000 in the first 5 months of this year and for them to concede that they had to buy back a Lemon doesn't look good on them and MIGHT almost the floodgates of others doing the same on the axle clicking noise (which they have been repairing).
I'm not trying to be on Infiniti's side or yours, I'm just trying to think on Both sides. It looks like you may be in for a long battle. Who knows, maybe they will settle and buyback your car as Lemon'ed just so they will get some customer satisfaction.
Finally, I would think that they aren't going to give you much of what you paid already back. Again, no free ride. These are just my opionion, of course. I've been pretty happy with my car with no problems *knocks on wood*. Hope it works out for you in the end.
I'm not trying to be on Infiniti's side or yours, I'm just trying to think on Both sides. It looks like you may be in for a long battle. Who knows, maybe they will settle and buyback your car as Lemon'ed just so they will get some customer satisfaction.
Finally, I would think that they aren't going to give you much of what you paid already back. Again, no free ride. These are just my opionion, of course. I've been pretty happy with my car with no problems *knocks on wood*. Hope it works out for you in the end.
#60
Originally Posted by GSpotNY77
It's official. My '05 coupe that has 8,600 miles on it is offically going bye bye. I filed for lemon law yesterday and have started the paperwork.
I filed an official complaint through Infiniti Consumer Affairs, and they directed me to the Better Business Bureau AutoLine to file for Lemon Law, which I did. They are sending me the paperwork next week, where I have to include all of my information and work orders from the $hitty service department at Competition Infiniti in Smithtown, Long Island.
Reason: Clicking in the rear axle of the car. Brought it in 4 times, and the problem is back again. Since I've satisfied what I needed to do to file for Lemon Law, I will not be bringing the car back for service. It's very sad, but $hit happens. Even with a TSB out, they still can't rectify the problem.
I already told the BBB that I want out of my lease with full reimbursement of all my monthly payments including my trade-in allowance that I put down to get out of my prior car and they said that it should not be a problem.
I've already established that I will probably go to another car manufacturer. The '06 Lexus IS350 is pretty hot so I might go with that.
I'll keep everyone posted on my Lemon Law process if anyone ever has to go through what I've been going through since April with this car...
I filed an official complaint through Infiniti Consumer Affairs, and they directed me to the Better Business Bureau AutoLine to file for Lemon Law, which I did. They are sending me the paperwork next week, where I have to include all of my information and work orders from the $hitty service department at Competition Infiniti in Smithtown, Long Island.
Reason: Clicking in the rear axle of the car. Brought it in 4 times, and the problem is back again. Since I've satisfied what I needed to do to file for Lemon Law, I will not be bringing the car back for service. It's very sad, but $hit happens. Even with a TSB out, they still can't rectify the problem.
I already told the BBB that I want out of my lease with full reimbursement of all my monthly payments including my trade-in allowance that I put down to get out of my prior car and they said that it should not be a problem.
I've already established that I will probably go to another car manufacturer. The '06 Lexus IS350 is pretty hot so I might go with that.
I'll keep everyone posted on my Lemon Law process if anyone ever has to go through what I've been going through since April with this car...
Poor Baby!!
Couldn't handle the payments?
Any good dealer can repair this in one visit. Enjoy your year in arbitration. When you're done, expect whatever your market value is, not everything you paid, and your trade value, and compensation for your mental anguish.