Has anyone ever Lemon Lawed a new car before?

[Aaron]

VW is having increased issues with their DSG transmissions in the 08 and early 09 cars. My dad's 08 just happened to be one of the cars that have had the problem. He is currently on his 23rd day of having his car at the dealer because it is unsafe to drive because of the defective Mechatronics unit (transmission control unit). They are supposedly back ordered and the average wait time is 6 weeks.

 

The 6 week waiting time is obviously over the 30 or more days indicated by the Ohio lemon law. He is concerned about future transmission problems because of the current problem and is interested in the lemon law-ing the car.

 

I was just wondering if anyone has had to lemon law a car before, and what types of stuff we can expect, or if you had any tips or information.

 

Thanks guys.

[Skinner]

Ask Rotarded he used to be a service director for Saturn he may have some info for ya.

[Rotarded1647545491]

You rang?

 

You have just cause if the conditions you describe are accurate. You can do one of two things. Wait for the actual terms of the lemon law have been violated and then seek to have the car re-purchased from you. Or you can apply pressure directly to VW corporate demanding another car, without DSG. Either way is gonna involve a bit of work and a lot of emotional distress.

 

The second will involve less legal and paperwork wrangling, and probably be much quicker.

[Aaron]

You rang?

 

You have just cause if the conditions you describe are accurate. You can do one of two things. Wait for the actual terms of the lemon law have been violated and then seek to have the car re-purchased from you. Or you can apply pressure directly to VW corporate demanding another car, without DSG. Either way is gonna involve a bit of work and a lot of emotional distress.

 

The second will involve less legal and paperwork wrangling, and probably be much quicker.

 

The way you typed the response makes it seem like he can ask for a new car before the 30 days occurs? If not, sorry.

 

My understanding is on the 30th day, you have 1 of 2 options like you said. I am not sure which he would rather do, but we understand the options.

 

I also read that they will try everything under the sun to pay you less than the 100% refund, and that they might try to solve the problem by other measures agreed to by both parties, such as extended warranties and free service etc.......which is something I could see my dad going for.

 

Anything else you can clarify?

 

I appreciate the help.

[mmrmnhrm]

I think Michael's gist was that your dad could go to VW and basically say, "Lemon law says 30 days, VW is telling you it'll be at least 42 to get the part(s), not to mention however much time it takes to actually perform the repair. I'm gonna lemon this thing, so let's talk turkey now and get it out of the way."

[Richard Cranium]

I know a woman who works in a law office. The lawyer she works for specializes in lemon law. If it gets nasty PM me and I'll send you their info.

 

I personally see no reason to wait. If you can apply pressure now with the threat of calling it a lemon they may jump at the chance to trade him for another new car. This way they still get the sale on the other car. Otherwise it's that much longer till he can start the paperwork to get rid of the lemon.

[ericsarge]

My uncle had this same problem with his late model VW. He went through 3 trans, but all were repaired within a respectable time. After the third failed, he took it back to the lot and they bought it back. I'm pretty sure he had it less than a year, and got close to a 100% buyout. I couldn't tell you if he pulled the lemon law line up, but I think you could probably get them to buy it back. Good luck.

[Rotarded1647545491]

If the car is lemon-lawed, the dealer must disclose this to the next purchaser under Ohio law. I would go around the dealer principle and pressure VW corporate directly. I would find the VW 800 customer assistance line and pitch a raging bitch. You will probably hear from the dealer shortly thereafter with an offer to trade, or buyback. This would be the quickest and easiest way to get out of the car. The dealer will much rather have it back "clean". It is YOUR negotiation and not theirs. Be firm on what you want. They lose less money bowing to your needs, than trying to unload a "lemon".

 

Think about this: They would have to offer some sort of extended warranty when re-selling a "lemon". This will cost at least $1000, and they still can't get anywhere near blue book. They will try and negotiate thinking you do not know this. Go at it with guns blazing. Your stance is much greater now, than when it's labeled a lemon.

[Aaron]

If the car is lemon-lawed, the dealer must disclose this to the next purchaser under Ohio law. I would go around the dealer principle and pressure VW corporate directly. I would find the VW 800 customer assistance line and pitch a raging bitch. You will probably hear from the dealer shortly thereafter with an offer to trade, or buyback. This would be the quickest and easiest way to get out of the car. The dealer will much rather have it back "clean". It is YOUR negotiation and not theirs. Be firm on what you want. They lose less money bowing to your needs.

 

Thanks for the help. What does "clean" mean?

[Rotarded1647545491]

Thanks for the help. What does "clean" mean?

 

Not with a "lemon" dispensation in it's history. They can sell it as a used car and not have to tell the customer it was classified as a lemon under law.

[Aaron]

If the car is lemon-lawed, the dealer must disclose this to the next purchaser under Ohio law. I would go around the dealer principle and pressure VW corporate directly. I would find the VW 800 customer assistance line and pitch a raging bitch. You will probably hear from the dealer shortly thereafter with an offer to trade, or buyback. This would be the quickest and easiest way to get out of the car. The dealer will much rather have it back "clean". It is YOUR negotiation and not theirs. Be firm on what you want. They lose less money bowing to your needs, than trying to unload a "lemon".

 

Think about this: They would have to offer some sort of extended warranty when re-selling a "lemon". This will cost at least $1000, and they still can't get anywhere near blue book. They will try and negotiate thinking you do not know this. Go at it with guns blazing. Your stance is much greater now, than when it's labeled a lemon.

 

Got it, that clears up "clear". Thanks for the help, I will let my dad read all of this and go from there. I will let you know what next. Thanks again.

[Aaron]

Not with a "lemon" dispensation in it's history. They can sell it as a used car and not have to tell the customer it was classified as a lemon under law.

 

What happens to a lemon ? Sold by dealer or VW at auction ?

[Aaron]

My dad and I talked about it and he seemed to think that it isn't in his best interest to let them know his intentions before the 30 days are up. He said that from his side, if he wanted a new car through the lemon law that there would be NO way he could NOT be able to get either of the lemon law alternatives if he waited until the 30 days is up.

 

However if he calls tomorrow and says he is going to lemon law the car at 30 days, they potentially could overnight, or divert another available mechatronics unit to his car and have it taken care of before the 30 days, not entitling him to either option.

 

What he plans to do is wait until the 30th day (August 19th) to place "THE" call to VWoA. He intends to explain that he is aware of the lemon law, and knows his rights and is willing to go forward with getting a comparable 09 GTI unless they are willing to do the following 2 things:

1) Pay for his car payment for the time his car was in the shop (lets assume 1 month)

2) Provide at minimum an extended powertrain warranty of 2 years and 40k miles totaling 7 years and 100k miles of warranty which will detail the entire DSG as covered (including clutch packs, mechatronics, everything)

 

If they deny, then he will go through with the lemon law process. However he does not want to, and would rather get the extended warranty on his current car.

 

I think that sounds very reasonable.

[coltboostin]

It would have been in your best interest not to buy a POS fucking VW!

 

 

Sorry-just had a cousins window fall into the door. For no god damn reason on their Rabbit. Junk I tell you.

[downingracing]

In 1996, I purchased a Dodge caravan. It was in the shop 7 times over a 9 month peroid for the power lock on the drivers side sliding door randomly locking/unlocking while driving down the road. It was only in the shop for a day or so each visit, but after the 7th attempt to resolve the issue, I started the process for the lemon law. I asked Chrysler to take the vehicle back and refund my down payment (trade-in from prev. car). I didn't ask for all my money back because I did drive the van and they provided a rental van each time the car was in the shop. (So I got something for what I had paid in payments) Taking the van in that much was a PITA, but they were trying to resolve the issue. We really liked the van and wanted to keep it. They agreed to take the van back and gave me a check for what they showed me for my trade on the deal (since it was paid for). Fairly easy process (lemon law) if you keep good records and document your time/issues.

 

Good luck to you and your dad!