Wendy
Mesa,#2Author of original report
Wed, September 07, 2005
I would like to know what good the lemon law is. It does not protect consumers in any way when they have new vehicle problems. I have had problems on many different parts of my vehicle and it is not considered a lemon. This is insane all consumers spend there hard earned money on a new vehicle to avoid car problems only to be ripped of by the big companies. I should not have to sell this vehicle that I have paid on for 2 years to another sucker. I can't trade it in I would be so upside down and still be paying on a car I no longer have. What do consumers have to do to get a fair and honest deal.
Jason
Simpsonville,#3Consumer Comment
Tue, September 06, 2005
You're having problems with the vehicle, that much is obvious, but the problems in no way entitle you to either a replacement vehicle or a refund of the purchase price. Arizona's lemon law, and most other lemon laws for that matter, are not to protect against multiple failures, but to protect against an unrepairable failure. You have documented problems with the AC, transmission, brakes and windows. Problems have all been corrected. The 2/28/04 problem was a failed compressor, compressor replaced. 3/26/04 you reported a transmission problem that they couldn't replicate. Problem did not reappear until 7 months later, at which time they apparently also witnessed the problem, diagnosed and repaired the problem. 11/04 - A power steering recall was performed. 7/05 - More AC problems, repaired after second attempt. Different problem from what was repaired approx 1 and a half years previously. 9/05 - Brake Master Cylinder failure. Repaired. AZ state lemon law states clearly "44-1264 . Reasonable number of attempts to conform motor vehicle to express warranty; presumption It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either: The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist." You will note that it states THE SAME NONCONFORMITY. Because each of your problems have been different, the lemon law does not apply. In addition, since it has been roughly two years since the purchase date, AZ lemon law further states that even if the lemon law DID apply in your case (it doesn't) that you would be entitled to a refund of the full purchase price, "less a reasonable allowance for the consumer's use of the vehicle". At two years, that would be a substantial amount. Furthermore... The only problem that you could possibly try a lemon law take on would be the AC, and according to AZ lemon law again... "It is an affirmative defense to any claim under this article that either: An alleged nonconformity does not substantially impair the use and market value of the motor vehicle." So, it COULD be stated that AC does not substantially impair the use and market value. In AZ, I don't particularly know if i'd agree with that, but... With that covered. If you feel that you do not trust the vehicle, your only option is to trade or sell it. Lemon laws are to protect the consumer, but to protect them from an "unrepairable" problem with a vehicle, not from multiple repairs of different components. I hope you bought the extended warranty.