BobbyDangler

Look I've been reading this forum for a long time but never have posted until now. Most of you are probably like me and are really tired of tranny's failing. Don't sell you cars!!! You own a lemon!!! And a valueable one at that. I had 3 complete failures and my 4th is acting up, you know the good ole jerk in to 3rd crap, crunching sounds when shifting in and out of park. The car is a damm lemon. Acura is responsible and by law they have to take care of it. Do your research people!!! Then if you choose, contact a lawyers and find one who is willing to take your case at a reasonable fee. I'll be receiving my settlement very shortly and if what my lawyer says will happen happens, then I will be very pleased with the outcome. And let me add that I have no reason to doubt him. I thought about selling it and I am sure glad I didn't.

If you are in CA to qualify you must have a repeated problem with the vehicle which started during the initial warranty period and the manufacturer must be given a reasonable amount of attempts to repair. 4 seems to be the magic number, yet some lawyers are ballsier than others, keep in mind they will only take cases they know they WILL win. Talk to a lawyer and shop around. They are all over the place so find one you feel comfortable with, if you choose.

Do your research. It is such a relief knowing that buying this car wasn't a waste of money after all.

Oh yeah. And I'd be careful if you are looking to do join a class action suite, they may not get you all that you deserve. As an example, I spoke with a lawyer who was doing a class action suite to get everyone brand new tranny's but you would have to agree not to sue Acura further. So considering the options, this may not be the best solution.

allenn

I think it is not nice using the lemon name in such a vain way. What did a lemon ever do to you? Horse squeeze may better describe the CL.

ktgumbo

Been there, done that. My sig tells it all.

BobbyDangler

Allenn - Good point about the horse squeeze! I like lemons too! Especially the expensive kind.

So Gumbo when the times comes again are you going to opt for the cash-out option on your current car? Glad to see others area taking are taking advantage of our laws. Until I researched this I always thought my car was too old to qualify. I just want to let others know that we haven't been completely shafted.

efx

You mean this?
Motor Vehicle Warranty and Lemon Law


A purchaser or lessee of a motor vehicle has various rights under both state and federal law if the vehicle does not perform as provided under an express warranty. Warranty law can be complex, and it is impossible to describe comprehensively all of the law in a brief space. The following comments briefly explain the Song-Beverly Consumer Warranty Act and what is popularly known as the "Lemon Law."

This message is not a substitute for your contacting your own lawyer who can best advise you of your rights under the particular circumstances of your case. The Attorney General's office cannot advise you of your legal rights and cannot represent you in a warranty dispute.

1. COVERAGE FOR NEW MOTOR VEHICLES.



A. OVERVIEW OF SONG-BEVERLY WARRANTY RIGHTS

The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles. The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer. The purchase price that must be returned includes the price paid for manufacturer-installed items and transportation but does not include the price paid for nonmanufacturer items installed by the dealer. The lessee or buyer is completely free to choose whether to accept a replacement or a refund. Whatever the choice, the manufacturer is also responsible to pay for sales or use tax; license, registration, and other official fees; and incidental damages that the lessee or buyer may have incurred such as finance charges, repair, towing, and rental car costs.

The lessee or buyer may be charged for the use of the vehicle regardless of whether the vehicle is replaced or the purchase price is refunded. The amount that may be charged for use is determined by multiplying the actual price of the new vehicle by a fraction having as its denominator 120,000 and as its numerator the number of miles traveled by the vehicle before it was first brought in for correction of the problem. For example, if the car had traveled 6,000 miles before it was first brought in for correction of the problem, the lessee or buyer could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage.

The law applies for the entire period of your warranty. For example, if your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above if the manufacturer or its representative is unable to conform the vehicle to the express warranty after a reasonable number of attempts to do so.



Song-Beverly does not apply if the problem was caused by abuse after the vehicle was delivered. Be sure you follow the terms of the warranty for maintenance and proper use of the vehicle.



Although there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly, you should act promptly to try to resolve the problem fairly and quickly without legal action if possible.



B. THE "LEMON LAW" AND WHAT IS A REASONABLE NUMBER OF REPAIR ATTEMPTS



What is considered a reasonable number of repair attempts will depend on the circumstances including the seriousness of the defect. For example, one or two repair attempts may be considered reasonable for serious safety defects such as brake failure, depending on the exact situation.



A special provision, often called the "Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) The same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.



The "Lemon Law" presumption is a guide, not an absolute rule. A judge or arbitrator can assume that the manufacturer has had a reasonable number of chances to repair the vehicle if all of the conditions are met. The manufacturer, however, has the right to try to prove that it should have the chance to attempt additional repairs, and the consumer has the right to show that fewer repair attempts are reasonable under the circumstances.



Be sure to check your warranty and owner's manual for instructions. You may be required to directly notify the manufacturer of the problem(s). It is a good idea to send your written notice to the manufacturer at the address shown in the warranty or owner's manual by certified mail, return receipt requested so that you have proof that your letter was received. Keep a copy of all correspondence.



If the manufacturer maintains a state-certified arbitration program, the consumer must submit the warranty dispute to the arbitration program before the consumer can take advantage of the presumption in court. Arbitration is an alternative to court proceedings. The consumer may assert the presumption during arbitration. Information about any arbitration should be described in the warranty or owner's manual.



Not every manufacturer maintains a state certified program. You should check with the Department of Consumer Affairs' Arbitration Certification Program at (800) 952-5210 or on the Internet at www.dca.ca.gov/acp. You can also ask for the department's free pamphlet that explains more about arbitration, "Lemon Aid for Consumers."



C. WHO IS COVERED



The law applies to a new motor vehicle that is bought or used primarily for personal, family or household purposes. The law also applies to a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.



D. WHAT IS A NEW MOTOR VEHICLE



The law discussed above applies to "new motor vehicles." (Certain limited protection may apply to used vehicles as described in Section 2.) The term "new motor vehicle" includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer's new car warranty. For example, a two-year old used car sold with the remaining one year portion of a manufacturer's three-year new car warranty would be treated as a new motor vehicle. The term "new motor vehicle," however, does not include motorcycles or exclusively off-road vehicles.




2. Coverage For Vehicles That Are Not "New"


Although the special provisions discussed above apply to new motor vehicles, Song-Beverly has many general rules that apply to any consumer product sold with an express written warranty. As a result, there is important coverage for motorcycles, the living quarters of a mobile home, used vehicles sold with a dealer's express written warranty, "lemon" vehicles repurchased by the manufacturer and sold to consumers with an express written warranty covering the defect, and vehicles sold with a service contract.



A full description of warranty rights is beyond the scope of this message, but you should be aware that coverage is not identical to the coverage for new motor vehicles. For example, a warrantor who is unable to conform a consumer product to its express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer's use. Unlike the special rules on new motor vehicles, however, there is no set formula for determining the charge for the consumer's use before the discovery of the defect, and the Lemon Law presumption does not apply

BobbyDangler

Exactly. Acura hates it when they have to buy a car back. It makes them look bad.

ktgumbo

HAhha u know i never thought about it until I read your post the other day. Honestly
I could very possibly buy another CL. lol This car is AwEsOme!

BobbyDangler

Just an update. Acura just bought my car back. If your in California check out http://www.lemonlawspecialists.com/ They did a superb job and their website has a ton of information.

chef chris

In DE the magic number is three attempts. My parents used it against Chrysler some years ago.

Good for you though. Nobody should have to have 3 or 4 trannies replaced. That's just re-god-dam-diculous.

lead_sled_dog

Bobby ... I'm gonna give these boys a call ASAP. I tried to negotiate with AHM on a deal. Offered 'em my car and $15K for a 2005 TL with Navi. They countered with $2,500 and I had to sign a release on any future claims.

Time to try the ole Lemon Law.

VeeralS05

There have been soo many threads about this, once about every month....No one gets anywhere...

BobbyDangler

I'm not sure what you mean about no one getting anywhere. If you have a claim, the lemon law has very concise guidelines. By law, at least in Cali, if they intentionally drag out a valid claim they can be sued for up to double the value of the car. So there is motivation in the law for them to move swiftly. Best thing to do is to talk to a lemon law lawyer, talk to a few of them and see what they say. That is what I did.


Sled Dog, I wish you the best of luck. Also, I am unclear about what they offered you. Is that you give them your 01 cl + 2500 for an 05tl / navi? That sounds like a good deal. Well on second thoughts, depending on how much you may owe changes the dynamics of the deal.

lead_sled_dog

Nope, they offered a check for $2,500 (free and clear) IF I signed a waiver for future claims of any kind. I told them "no thanks" as I was concerned of another 5 ==> 2 downshift causing an accident (didn't the first time thank you) and then I would have no recourse to sue AHM.

BobbyDangler

Oh well that is just crap. Glad to hear you didn't accept that lousy offer.

lead_sled_dog

Called a couple of lawyers today ... they said I had too many miles (88K) and since the tranny was "fixed" there was nothing they could do vis-a-vis the Lemon Law. So it looks like I will be the proud owner of a new Accord EX V6 sedan (with Navi of course) by the weekend.