Is it a lemon? i shoulda gone to toyota of orange....
#16
Originally Posted by WYSIWYG
I was in the same boat... just a little more excessive than your situation. Even mine, when my car was in the shop a month+ at one time for my tranny/clutch did not fall entirely under the lemon law. But most of my problems, as well as yours will fall under nuisances, and the manufacturer has the right to have a chance to fix those problems under warranty.
First off, there are two different approaches you can take. Federal law or state law. Federal law is more lax, but compensates you less. State law goes a little further, but depending on which state you live in, it can be consumer or business friendly. Either way, the onus is on you to prove it is a lemon. The lemon law is much different for a used car than it is a new car. the 18 months, 18K miles don't really apply to used cars since you can buy one that is much older or with more miles. Plus, it being used, there is slightly less protection for the buyer.
In the end of it all, you most likely have to prove that you were put out by the problems. In other words, unable to use the product within what is defined as "normal" or reasonable usage. If you are still getting things fixed under warranty, then make sure you get everything fixed or documented before your warranty ends. I've talked to California Lemon Law lawyers about my case, and frankly, it is a pain in the a$$ to deal with the problems, and that is about all it will be in legal terms. If anything, they can hack out a compensation deal w/ nissan for the trouble and time you were put out on due to the numerous problems. I think they were offering me $2K in my last consultation.
I'm still unclear about everything that goes into lemon lawing a car in Cali. Talk to a lawyer if you are serious about it. The best thing to do. No guess work, and free consultations and if you win the case, no attorney fees.
Best of luck.
First off, there are two different approaches you can take. Federal law or state law. Federal law is more lax, but compensates you less. State law goes a little further, but depending on which state you live in, it can be consumer or business friendly. Either way, the onus is on you to prove it is a lemon. The lemon law is much different for a used car than it is a new car. the 18 months, 18K miles don't really apply to used cars since you can buy one that is much older or with more miles. Plus, it being used, there is slightly less protection for the buyer.
In the end of it all, you most likely have to prove that you were put out by the problems. In other words, unable to use the product within what is defined as "normal" or reasonable usage. If you are still getting things fixed under warranty, then make sure you get everything fixed or documented before your warranty ends. I've talked to California Lemon Law lawyers about my case, and frankly, it is a pain in the a$$ to deal with the problems, and that is about all it will be in legal terms. If anything, they can hack out a compensation deal w/ nissan for the trouble and time you were put out on due to the numerous problems. I think they were offering me $2K in my last consultation.
I'm still unclear about everything that goes into lemon lawing a car in Cali. Talk to a lawyer if you are serious about it. The best thing to do. No guess work, and free consultations and if you win the case, no attorney fees.
Best of luck.
#17
yeah, but you're going to have to keep the car until the case settles if you take the compensation route.
I thought my case would be worth more than what they told me, but then again, i did put on crazy miles even though it was in service for about 2-3 months out of the 14 months i've owned it. Who is to say that the 18K in 18 months is the norm. my norm is 36K in 12 months, so basically i have about 4-5 months to figure out my entire list of problems if i wanted to get it lemon lawed. The law is a beaut isn't it? Even though i reported the problems within a month of ownership, i could not prove that i was put out by the problems cuz i put on more miles than "normal" usage. How do you not call over 2 months of in and out of service not being put out and classify that as normal cuz i put on 18K in six months. Sorry, i digress into my own rant.
Hey, best of luck. Hopefully you'll get something to put down on your next ride and come up on top for all your troubles.
I thought my case would be worth more than what they told me, but then again, i did put on crazy miles even though it was in service for about 2-3 months out of the 14 months i've owned it. Who is to say that the 18K in 18 months is the norm. my norm is 36K in 12 months, so basically i have about 4-5 months to figure out my entire list of problems if i wanted to get it lemon lawed. The law is a beaut isn't it? Even though i reported the problems within a month of ownership, i could not prove that i was put out by the problems cuz i put on more miles than "normal" usage. How do you not call over 2 months of in and out of service not being put out and classify that as normal cuz i put on 18K in six months. Sorry, i digress into my own rant.
Hey, best of luck. Hopefully you'll get something to put down on your next ride and come up on top for all your troubles.
Last edited by WYSIWYG; 04-24-2006 at 08:23 PM.
#18
#21
Originally Posted by papagz
wow that really sounds like a PITA i know they are difficult to deal with. my cousin had his parents 6 series BMW lemon lawed after 6 months of owning it. they got a brand new one instead. dont know what i would have to do. gonna ask my uncle for his advice as well
Last edited by Giarc; 04-25-2006 at 07:19 AM.
#22
#24
#26
I went throught the lemon law process with a 98 C5 Corvette..... it's been awhile, but I'll try to give you what I know. I live in So Cal.
The "issues" have to adversely affect the vehicles "value, usage, or safety" to qualify for the lemon law. In my case, I went through two clutches, 4 gas tanks, countless visits to the dealer for goofy error messages and the vehicle's engine would die; one case stranding me in Las Vegas. The windows leaked air at certain speeds and some other misc stuff.
I would say if you have gone through that many transmissions, you easily have a case. It doesn't matter if the dealer is trying to fix the car or even if they eventually do fix it. If the car has spent more than 30 days in service or if you have 4 problems (that qualify for the above statement), the car is a lemon..... getting them to do anything about it is another story.
Long story short, my lawyer told me to stop driving the car (good for the case but meant I had to buy another car.... picked up a $2500 RX-7 to drive... It actually turned out to be a good little car). Then it took about a year (yes, a year) to get through the whole process. With all of the letters and depositions and Discovery etc., it was a long drawn out process.
We ended up going through mediation as a first step before court and we settled there. You are entitled to all monies you've spent on the car including the purchase price, insurance, registration etc. Just put ALL of your receipts together. More is never a bad thing.
You are also entitled to punitive damages (I think that's the term) if it's determined that the dealer did not act accordingly. In my case this equalled three times damages.... or a little over $100,000 total. i.e. purchase price (paid off lease), down payment, payments made, damages etc. And the car is labeled as a Lemon.
I think I ended up with about $20,000 cash when all was said and done. The lawyer ended up with MUCH more then I did since he THEN sued GM for the lawyer fees. So I paid him 30% of the settlement and he sued GM for whatever he could think up.
Hope that helps. If you're in the San Diego area, I can forward the number of the attorney I used if you want.
The "issues" have to adversely affect the vehicles "value, usage, or safety" to qualify for the lemon law. In my case, I went through two clutches, 4 gas tanks, countless visits to the dealer for goofy error messages and the vehicle's engine would die; one case stranding me in Las Vegas. The windows leaked air at certain speeds and some other misc stuff.
I would say if you have gone through that many transmissions, you easily have a case. It doesn't matter if the dealer is trying to fix the car or even if they eventually do fix it. If the car has spent more than 30 days in service or if you have 4 problems (that qualify for the above statement), the car is a lemon..... getting them to do anything about it is another story.
Long story short, my lawyer told me to stop driving the car (good for the case but meant I had to buy another car.... picked up a $2500 RX-7 to drive... It actually turned out to be a good little car). Then it took about a year (yes, a year) to get through the whole process. With all of the letters and depositions and Discovery etc., it was a long drawn out process.
We ended up going through mediation as a first step before court and we settled there. You are entitled to all monies you've spent on the car including the purchase price, insurance, registration etc. Just put ALL of your receipts together. More is never a bad thing.
You are also entitled to punitive damages (I think that's the term) if it's determined that the dealer did not act accordingly. In my case this equalled three times damages.... or a little over $100,000 total. i.e. purchase price (paid off lease), down payment, payments made, damages etc. And the car is labeled as a Lemon.
I think I ended up with about $20,000 cash when all was said and done. The lawyer ended up with MUCH more then I did since he THEN sued GM for the lawyer fees. So I paid him 30% of the settlement and he sued GM for whatever he could think up.
Hope that helps. If you're in the San Diego area, I can forward the number of the attorney I used if you want.
#27
i already spoke to this lawyer. thanks for the info man really helps. he said it looks like i have a really good case. he will send a letter to the manufacturer asking them to purchase the car back minus the mileage/new car. he said it shouldnt take more than 3 weeks for the dealer to respond. if that does not work they will go to litigation. there are no fees as if you dont win, you don't pay. if you do win, manufacturer has to pay all lawyers fees....we shall see
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