[mhgsx]

I realize that each state has there own parameters for their lemon law.

My question is should I get a lawyer if decide to pursue action against the car manufacturer? If so, any idea of legal cost? Can this cost be recouped from the manufacturer?

Is it really possible to get a full refund? The IL law states that the manufacturer can deduct a 'fair' amount to cover the wear and tear of the vehicle. Who decides this? The arbitrator or the manufacturer?

I'd appreciate any information on this matter.

 

[deadFX]

I am the point where I am about to invoke the lemon law in Florida. It does not cost anything in Florida (or elsewhere for that matter the way I understand it) to get a lawyer to represent you. The auto manufacturers will have to cover their costs if they lose. The law offices I have seen advertised will not charge if they lose.

Now that said, I wondering if there is any advantages to not using a lawyer (ie, obviously the manufactures would save money in legal expenses, so would they be more willing to give more?)?

I have also read the the car companies would sometimes give you more money back with a settlement,especially if you were upside down on the loan, to keep you from coming back and suiing.

My particular issue is door and hatch rattles in my FX35 that the dealer has not been able to correct.

 

[GTFX35]

I had an issue when I lived in FL with the transmission going out on a new car. It was in the shop for the 3rd or 4th time when I started threatening to pursue the Lemon Law. I believe it has to be a safety issue (may depend on the State) in order to invoke the LL.

I dealt directly with the manufacturer and they dealt with the issue without having to go to arbitration. They tried to low ball me at first - basically they were telling me that in 3 months my car had depreciated about 25-30%. Eventually I got them to buy back the car at the full purchase price as long as I agreed to purchase another vehicle from them.

 

[deadFX]

Ok thanks for the feedback. It was actually the dealer service manager that suggested that I take it to the next level and start the lemon law procedure. The first year of the car, they had it over a month trying to fix the problem.

 

[deadFX]

Here is the excerpt. I could see an argument from both sides. I will let everyone know what happens.

(16) "Nonconformity" means a defect or condition that substantially impairs the use, value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, abuse, neglect, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent.

I would certainly argue that it affects the value of a vehicle.

 

[huma2]

lemon

i won a lemon law case against audi and never paid a dime for any legal fees. there are parameters you need to meet but if you do your case is strong

 

[ysweatme]

Ford settled a case with me. I contacted a lemon law firm and they took care of everything. I didn't have to pay a dime. I believe that if I did not secure a lawyer, I would not have had a case at all. Corporate lawyers do not play. They know their stuff. They seem to know all of the lemon law lawyers for that matter, as well.

 

[vp911]

I'm in the process of a case against Infiniti/NNA through the BBB Auto Line program. Some of you may have read my sunroof leaking problem. The arbritrator decides the fair amount, and I am not sure if it is the same in all states but it was miles used up to first report of problem / 100,000 multiplied by purchase price. Ended up being something like 50 cents a mile for me, which I was fine with.

The arbritrator decided against me and wanted Infiniti to repair the vehicle once more, and the district technician came out last week to fix it (I got my car back on thursday) and it has rained since then and the sunroof still leaks. I called the arbritration specialist at Infiniti and told her what was going on (as a professional courtesy in hopes of resolving the matter without going back to arbritration) and she said she will get back to me the beginning of this coming week to see if Infiniti/Nissan North America is willing to settle the issue or if they would rather go back to arbritration.

Either way, I hope that they simply buy it back, they have attempted to repair the sunroof 6 times now. The gas tank still doesn't fill up past 3/4 sometimes. The passanger window squeels sometimes when going up and down. The first time I took it in for service they damaged my bumper and quarter panel. This time when the district technican worked on the sunroof, they scratched the roof of my car and put a paint chip.

If I am forced to keep the car, do you guys think I should expect them to take care of the paint damage to the roof?

Granted, I like the FX alot (or I wouldn't have spend $40k +) but I am tired of the poor service at the dealer and the numerous problems with the vehicle. It is sad that my first experience with Nissan/Infiniti is so poor. After this, I have decided I will not purchase another Nissan or Infiniti again. (Even though I LOVE the 350z and would like one for a summer car)

But as far as your issue is concerned, did you read the Lemon Law summary from the BBB? Generally in most states lawyers will not charge you a dime ever. I called several lawyers, and most of them I called sounded like idiots to me, or I knew more about the law than they did (I did a lot of research on the lemon law). There was one lawyer who seemed like he knew the law very well, but he was saying that they take 1/3 of the money they win back, so I decided to go with the BBB and save time. I have found that going through the court system can take upto a year and a half to settle, but going through the BBB you get the decision within 40 days, and in my case is going to be about 2 months because I was asked to give Infiniti another opportunity to repair the vehicle.

Keep in mind with the BBB program, if they decide something you do not like, you can reject the decision and file a case in court, but if you like their decision, Infiniti / NNA is legally required to comply with the decision.

In my case, I was going to have to give Infiniti / NNA a final opportunity to repair the vehicle, so it just made sense to let them work on it with the BBB.

Also, to make your case stronger, make sure you have ALL service documentation. Make sure you have complied to the lemon law requirements completely. It makes it much easier to win the case. I am not sure what your laws say, but if they are like mine, it requires you give written notice via certified mail to NNA / Infiniti before you file a suit. After the letter they MUST be given a final opportunity to repair it (they will call you to schedule the time to drop off your vehicle.) In my state, you should send the letter anytime after the 3rd repair attempt or after the 25th day in for service. Then NNA is given a final opportunity to repair the vehicle by a factory trained tech (aka district tech, or engineer)


Probably not the most help, but at least I get to rant on again about how I am mad that my sunroof STILL leaks!

 

[vp911]

My particular issue is door and hatch rattles in my FX35 that the dealer has not been able to correct.

It will be difficult to win a cacse for rattles. Generally the law requires the problem to be a substantial impairment of use, value, or safety. Personally I would argue that the value is impaired as nobody would want to buy a car with annoying rattles, but thats my opinion, the courts could laugh at you.

Call up one of the lawyers and get a free consultation over the phone, and if they say you have a case, (if i was in your shoes) i would go through the BBB and try to resolve it.

With my case, after I opened the case with the BBB Infiniti offered to pay one months of my car payment (of course would be deducted from repayment if they repurchased the car) and then I said no. They then offered the money and an extended vehicle service contract. I refused both to go to arbritration, I lost both of those but I still have a leaky fx!

 

[huma2]

lemon

find a lemon law attorney. why waste time. i won my case in 2 months.

 

[ysweatme]

From the time that I contacted the lemon law lawyers to the time of my court date, it took about 8 months, but it was well worth it. I had all of my documentation (5 years worth), and that's why I had a case. Yes, I had over 100k on my car and I still got a settlement.