Potential Class Action Suit for 3rd gear issue

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Old Jun 1, 2009 | 01:46 PM
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Potential Class Action Suit for 3rd gear issue

Hey guys,
I just received this in the mail. I had my 3rd gear issue taken care of under warranty, but for those who are still dealing with it or may deal with it in the future, there's a guy here suing Honda. I guess he's collecting info for a class action. If anyone is interested in providing info that could help in the class action. Here you go. If this is a repeat post or old news, please delete.


Jin Hyeoung Lee vs American Honda Motor Co., Inc., ET AL.
Los Angeles Superior Court Case No. BC383426

Plaintiff Jin Hyeoung Lee has sued American Honda Motor Co., Inc. ("Honda") in a potential class action, alleging that the following vehicles have a defect that causes the vehicles' transmission to grind when shifting into third gear, pop out of third gear, or makes it difficult to shift into third gear: the 2002-2006 Acura RSX; the 2003 Acura 3.2 CL; the 2004 - 2007 Acura TL; and the 2008 Acura TL (VIN 19UUA75...8A000001 thru 19UUA75...8A029085.

Mr. Lee's attorneys wish to gather information related to any complaints you may have regarding the transmission of your Acura vehicle. ...

Plaintiff's Attorneys
Daniel H. Chang
Larry W. Lee
Diversity Law Group, P.C.
444 S. FLower Street Suite 1370
Los Angeles, CA 90071
213.761.3101

Honda's Attorneys
Anthony E. Sonnett
Sonnett and Associates
333 S. Grand Ave Suite 3550
Los Angeles, CA 90071
213.628.2200
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Old Jun 1, 2009 | 01:54 PM
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ya this is terrible. Acuras need to straighten out their transmissions.
my third acura right now- luckily i don't have a problem with my current car.

first TL - tranny issues (hard shifting)
2nd integra- tranny issues (3rd gear grind + hard shifting)

i feel worse for 2nd gen TLs
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Old Jun 1, 2009 | 01:54 PM
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Can't he just go get it fixed? Of course not, because this is America and people sue each other when the weather isn't right.

I myself do not endorse suing company's that produce products that I love.
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Old Jun 1, 2009 | 01:55 PM
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hmmmm I wonder why he didn't include Automatic transmissions as well.
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Old Jun 1, 2009 | 02:03 PM
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Originally Posted by Bonksnp
Can't he just go get it fixed? Of course not, because this is America and people sue each other when the weather isn't right.

I myself do not endorse suing company's that produce products that I love.
Well, that was my first thought, since I got mine fixed, but what about the people that are 'assed out'? The problem loomed while Honda did not acknowledge the existence of a problem. I mean they later admitted there was an issue, but what about those guys that were left high and dry after their warranty ran out? I am assuming this guy is one of those people.
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Old Jun 1, 2009 | 02:05 PM
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did you guys notice they didn't produce a 6M/T for the new gen??.. they're redesigning it..

This class action lawsuit will hopefully extend the warranty for you guys and guarantee that American Honda won't be footing you guys the bill for future repairs.. much like the 2G TL trans warranty. GL!
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Old Jun 1, 2009 | 02:06 PM
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I've gotten the 3rd gear issue worked on, but I wouldn't say that it's fixed. 3rd gear is still a little notchy, and instead of popping out, it's just a little harder to shift into gear. Now I have minor problems with 4th gear being a little tough to shift into.
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Old Jun 1, 2009 | 02:14 PM
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Originally Posted by Bonksnp
Can't he just go get it fixed? Of course not, because this is America and people sue each other when the weather isn't right.

I myself do not endorse suing company's that produce products that I love.
You're making a general comment that has nothing to do with the specifics on this topic. There's a bunch of members here who have had to pay $1k+ to address their M/T in less than 20k miles.. There's also several members who have gone through many clutches and these aren't noobs or people who ride their clutches. The design is crap and not built durable.. one of the only M/T that I've heard of where the clutch play changes so much...
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Old Jun 1, 2009 | 02:38 PM
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U cant complain tho..acura does have a nice gearbox..its only that 3rd gear that needs to get fixed..not the tranny

sorry, im speaking for the manuals not the autos
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Old Jun 1, 2009 | 03:07 PM
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Originally Posted by SixSpeed07
I've gotten the 3rd gear issue worked on, but I wouldn't say that it's fixed. 3rd gear is still a little notchy, and instead of popping out, it's just a little harder to shift into gear. Now I have minor problems with 4th gear being a little tough to shift into.
I had the 3rd gear fix done under warranty not long after it "came out". I have put a lot of miles on the car since and there has only been a few times where shifting into 3rd wasn't as smooth as it should be. Overall, no problems since the fix.

However, like you mentioned, I am also starting to get the occasional problem shifting into 4th. It's not nearly as bad as 3rd used to be though. Just a couple times when going into 4th it hangs up a little and I either have to take it out and put it back in or just pull it completely into gear before releasing the clutch.
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Old Jun 1, 2009 | 04:12 PM
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yea, I had my third gear fixed as well and now I do notice it is a little tougher to shift into 4th sometimes....I think I am going to do the GM Synchromesh I hope that solves all the problems.
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Old Jun 1, 2009 | 04:19 PM
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u should of changed the tranny oil first..but i guess its better to fixed the tranny first then switch to the GM oil
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Old Jun 1, 2009 | 04:51 PM
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Originally Posted by cschell
I think I am going to do the GM Synchromesh I hope that solves all the problems.
Please do, it improves the shifts quite a bit.
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Old Jun 1, 2009 | 04:53 PM
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Originally Posted by Majofo
did you guys notice they didn't produce a 6M/T for the new gen??.. they're redesigning it..

This class action lawsuit will hopefully extend the warranty for you guys and guarantee that American Honda won't be footing you guys the bill for future repairs.. much like the 2G TL trans warranty. GL!

the redesign has nothing to do with the fact that the 4G TL has a whole new drivetrain setup/AWD w/ the 6 speed? =p

I *knock on wood* have not had any 3rd gear issues.. the dealer replaced my tranny fluid a few weeks ago because of noises in 1st while turning.. warranty runs out in 13k miles eep
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Old Jun 1, 2009 | 06:25 PM
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i'm not a big fan of lawsuits either, and i love acura/honda. however in this case i think honda really dropped the ball and they should own up to it for those whose cars were not able to be fixed in warranty. perhaps a class action suit will prompt such behavior for them.

i will also add that i have an '08 TL type-S with the 3rd gear issue and the VIN number is outside the range specified in the TSB. i am taking it in this week and will ask for a warranty repair. we'll see what happens but i may mention the lawsuit "in passing"...

if they don't fix it i'll go the GM synchromesh route and request they extend the VIN numbers on the lawsuit...
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Old Jun 1, 2009 | 06:53 PM
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Originally Posted by jack the ex-cynic
i'm not a big fan of lawsuits either, and i love acura/honda. however in this case i think honda really dropped the ball and they should own up to it for those whose cars were not able to be fixed in warranty. perhaps a class action suit will prompt such behavior for them.

i will also add that i have an '08 TL type-S with the 3rd gear issue and the VIN number is outside the range specified in the TSB. i am taking it in this week and will ask for a warranty repair. we'll see what happens but i may mention the lawsuit "in passing"...

if they don't fix it i'll go the GM synchromesh route and request they extend the VIN numbers on the lawsuit...
Take a copy of the Bulletin with you (213205 03214 04101 9.5 is the number I have from when the work was done). I believe the bulletin was posted on the site somewhere also. That may help pursuade them to fix it assuming they can't "replicate the problem".

My car is at the dealer now actually for some other minor issues. I had the service advisor make note of the possible 4th gear problem that seems to be developing. I told him I don't even expect them to be able to replicate it since, so far, it's a rare occurence. Just wanted it documented in case it gets worse, particularly if I'm out of warranty when it happens.
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Old Jun 1, 2009 | 07:15 PM
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I'm not a big fan of suing companies either but I support this one. It's not like they don't know about it. If you knew about it from the first model and you made the SAME tranny for the following models, then you should be sued. BMW is also a culprit when it comes to things like this. They make plastic radiators that the upper neck breaks off from the torque of daily driving and they make MILLIONS from selling the part because of this. Who wants to have to swap out a radiator every 2 years after spending 40 - 50,000 bucks? SUE!!!
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Old Jun 1, 2009 | 07:15 PM
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I had that issue and Acura put the GM Synchromesh and everything has been fine since!
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Old Jun 1, 2009 | 07:16 PM
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Originally Posted by jweb12
Take a copy of the Bulletin with you (213205 03214 04101 9.5 is the number I have from when the work was done). I believe the bulletin was posted on the site somewhere also. That may help pursuade them to fix it assuming they can't "replicate the problem".

My car is at the dealer now actually for some other minor issues. I had the service advisor make note of the possible 4th gear problem that seems to be developing. I told him I don't even expect them to be able to replicate it since, so far, it's a rare occurence. Just wanted it documented in case it gets worse, particularly if I'm out of warranty when it happens.
yep got the bulletin in hand, we'll see what happens and then i'll be anticipating the reverse issue and 4th gear issue... ugh good idea to start documenting that stuff though.
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Old Jun 1, 2009 | 07:40 PM
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Not just Acura's either. Same problem in countless Honda badged vehicles too. In this case a Class Action Suit is the way to go, imho.

Acura/Honda have denied and/or ignored the problem for a whole generation of vehicles. Only saving grace is it hasn't been a major safety issue (i.e. repeated accidents/deaths).
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Old Jun 1, 2009 | 09:50 PM
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Originally Posted by SixSpeed07
I've gotten the 3rd gear issue worked on, but I wouldn't say that it's fixed. 3rd gear is still a little notchy, and instead of popping out, it's just a little harder to shift into gear. Now I have minor problems with 4th gear being a little tough to shift into.

I agree with you on this. I got mine fixed about a year ago, but it is still an issue just not as bad as before, but like yours, my 4th gear is becoming difficult at time to get into. It makes me wonder if my dealership did actually replace the 3rd gear set.
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Old Jun 2, 2009 | 06:39 AM
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Originally Posted by Bonksnp
Can't he just go get it fixed? Of course not, because this is America and people sue each other when the weather isn't right.
I myself do not endorse suing company's that produce products that I love.
Vehicles that exhibit a specific condition due to a design flaw should be covered regardless of the mileage, and the manufacturer held accountable. Just because one loves the product is, sorry, a ridiculous reason not to make the manufacturer liable for the correction.
Actually, the car manufacturers virtually get away with murder. When the same problem erupts in numerous vehicles, it’s the customer that is responsible for the cost of the repairs, as not all these issues will be covered under a warranty. The NHTSA will only mandate recalls on safety defects that become an issue, so the manufacturer creates a TSB and the customer pays.

The dime should be on the producing company period, but we’ll never get this to happen without a lawsuit, and even that’s being overly optimistic. Glad someone has finally taken the bull by the horns and brought it to light.

By the way, if they should win, I’m certain the people that love their car and wouldn’t sue, will certainly jump on the bandwagon and have the repair costs covered by the manufacturer
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Old Jun 2, 2009 | 08:23 AM
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the problem here is

1) it is difficult to have a dealership replicate the 3 gear grind sometimes. Even if they do experience it, they may be lazy and just deny anything happened.

2) I would not be too comfortable having some regular joe-shmoe acura tech opening my tranny up who has never done this repair before.

Thus I just went with the GM fluid and called it a day. Its really only a problem during cold months. Now that its warmer I dont think its been a problem.
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Old Jun 2, 2009 | 09:44 AM
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3rd gear problem

Originally Posted by 6spdtl-s
the problem here is

1) it is difficult to have a dealership replicate the 3 gear grind sometimes. Even if they do experience it, they may be lazy and just deny anything happened.

2) I would not be too comfortable having some regular joe-shmoe acura tech opening my tranny up who has never done this repair before.

Thus I just went with the GM fluid and called it a day. Its really only a problem during cold months. Now that its warmer I dont think its been a problem.
Amen!

It would be nice if Honda/Acura recognizes the efficacy of the GM Synchromesh Friction Modified fluid, and suggests that their dealers resolve the issue by using it instead of the risky transmission dissection by a tech who most likely is unfamiliar with the 6MT.

I would be concerned about Honda/Acura using the GM fluid as an excuse to void the warranty.

Having said that, I just had my MTF replaced with the Honda fluid yesterday. I haven't had the 3rd gear shift problem ... yet. Almost experienced it an hour ago but merely a slight hesitation getting into gear, and just once. Let's see if the new-and-improved Honda MTF works on a cold morning.
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Old Jun 2, 2009 | 10:04 AM
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Originally Posted by Parker75
Amen!

It would be nice if Honda/Acura recognizes the efficacy of the GM Synchromesh Friction Modified fluid, and suggests that their dealers resolve the issue by using it instead of the risky transmission dissection by a tech who most likely is unfamiliar with the 6MT.

I would be concerned about Honda/Acura using the GM fluid as an excuse to void the warranty.

Having said that, I just had my MTF replaced with the Honda fluid yesterday. I haven't had the 3rd gear shift problem ... yet. Almost experienced it an hour ago but merely a slight hesitation getting into gear, and just once. Let's see if the new-and-improved Honda MTF works on a cold morning.
Yes, but if the rummer is true that this is manufactured by AMSOIL then lets get the right stuff from the right people, right?
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Old Jun 2, 2009 | 10:05 AM
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Originally Posted by Parker75
Amen!

It would be nice if Honda/Acura recognizes the efficacy of the GM Synchromesh Friction Modified fluid, and suggests that their dealers resolve the issue by using it instead of the risky transmission dissection by a tech who most likely is unfamiliar with the 6MT.

I would be concerned about Honda/Acura using the GM fluid as an excuse to void the warranty.

Having said that, I just had my MTF replaced with the Honda fluid yesterday. I haven't had the 3rd gear shift problem ... yet. Almost experienced it an hour ago but merely a slight hesitation getting into gear, and just once. Let's see if the new-and-improved Honda MTF works on a cold morning.
Many Acura Dealerships are using GM Sync to resolve the issue..
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Old Jun 2, 2009 | 10:27 AM
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Originally Posted by Majofo
Many Acura Dealerships are using GM Sync to resolve the issue..



I agree, but did you hear what I am talking about? The GM product is manufactured by AMSOIL! Yes, it's true..... Well thats what my AMSOIL dealer said to me. So until someone disproves it. I believe it....
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Old Jun 2, 2009 | 10:30 AM
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Originally Posted by Spiritman



I agree, but did you hear what I am talking about? The GM product is manufactured by AMSOIL! Yes, it's true..... Well thats what my AMSOIL dealer said to me. So until someone disproves it. I believe it....
really? that's awesome.. I wonder if GM Sync is marketed as anything else.. hmm..
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Old Jun 2, 2009 | 11:38 AM
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My service adviser was able to recreate the 3rd gear deal on our test drive. They changed fluid and it's a significant improvement. Used to happen once a day, now it's "almost" happened once in 2 weeks (just hesitated going in once).
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Old Jun 2, 2009 | 12:46 PM
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I had my 3rd gear replaced shortly after I bought the car used. I would say that there are times that I can't put it into 1st. It's rare but I just shift into second and then back to first and it seems to clear up the problem. I wonder if there is an adjustment for it?

Anyways, I didn't know that Acura would actually put the GM syncromesh in the tranny. I thought that was something that would void the drivetrain warranty?
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Old Jun 2, 2009 | 01:38 PM
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Whatever floats the boat I guess
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Old Jun 2, 2009 | 02:50 PM
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Originally Posted by NCTL05
I had my 3rd gear replaced shortly after I bought the car used. I would say that there are times that I can't put it into 1st. It's rare but I just shift into second and then back to first and it seems to clear up the problem. I wonder if there is an adjustment for it?

Anyways, I didn't know that Acura would actually put the GM syncromesh in the tranny. I thought that was something that would void the drivetrain warranty?
I do that anyways, its supposed to be better for the syncros.
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Old Jun 2, 2009 | 02:55 PM
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My 02 TL-S had shifting issues.
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Old Jun 2, 2009 | 04:06 PM
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I told my dealer to keep the car for a day and just drive it when it's cold, since that's when it mostly happened for me. They were able to replicate the problem. As for GM synchromesh, I used to have an ex Honda Tech work with my company and he said that the GM stuff works but is only a band aid for the real problem which is the synchros. But since people have been getting along fine with the GM stuff, he could be wrong? Not sure though.

Originally Posted by 6spdtl-s
the problem here is

1) it is difficult to have a dealership replicate the 3 gear grind sometimes. Even if they do experience it, they may be lazy and just deny anything happened.

2) I would not be too comfortable having some regular joe-shmoe acura tech opening my tranny up who has never done this repair before.

Thus I just went with the GM fluid and called it a day. Its really only a problem during cold months. Now that its warmer I dont think its been a problem.
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Old Jun 2, 2009 | 05:31 PM
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Originally Posted by Majofo
Many Acura Dealerships are using GM Sync to resolve the issue..
I wish that were true with the two Acura dealers in my area.

Once I even mentioned it to the service manager and his response is that any evidence from this site and other people stating that GM Synchromesh FM was purely anecdotal. They won't put it in unless Acura tells them it is OK.


Originally Posted by Spiritman

I agree, but did you hear what I am talking about? The GM product is manufactured by AMSOIL! Yes, it's true..... Well thats what my AMSOIL dealer said to me. So until someone disproves it. I believe it....
I'm not so sure about that, Spiritman.

It seems rather self-serving for the AMSOIL dealer to make this claim. If anything, instead of waiting until someone disproves it, it would be more appropriate if AMSOIL proved such a claim.
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Old Jun 2, 2009 | 06:06 PM
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Originally Posted by cschell
I think I am going to do the GM Synchromesh I hope that solves all the problems.
do it and you'll never complain again.
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Old Jun 2, 2009 | 06:08 PM
  #37  
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Originally Posted by NOS327
My service adviser was able to recreate the 3rd gear deal on our test drive. They changed fluid and it's a significant improvement. Used to happen once a day, now it's "almost" happened once in 2 weeks (just hesitated going in once).
give it time, it will come back.


I went through this for about a year. went through four oil changes.

was about to get a syncro replaced and decided to do the GM fluid.

never looked back since. Class action is worthless IMO. we wont see a dime.
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Old Jun 2, 2009 | 09:00 PM
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yeah, I hope I did the right thing. New and learning!
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Old Jun 2, 2009 | 09:26 PM
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Originally Posted by NCTL05
I had my 3rd gear replaced shortly after I bought the car used. I would say that there are times that I can't put it into 1st. It's rare but I just shift into second and then back to first and it seems to clear up the problem. I wonder if there is an adjustment for it?

Anyways, I didn't know that Acura would actually put the GM syncromesh in the tranny. I thought that was something that would void the drivetrain warranty?
I, from time to time, have issues with engaging first gear as well.
It has a tendency to "stop" halfway...

The Acura dealerships I went to don't put in the syncromesh. They claim they will only use Honda/Acura products and will not use another brand.

Coincidently, I have the same issue with my fourth gear from time to time.. but it is not that bad. Or, when I engage fourth it feels different and sounds different during engaging. Third... is still the major issue for me. I, personally, do not have two thousand to spend at the moment to get it 'partially fixed' and have been using the GM fluid instead.
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Old Jun 2, 2009 | 09:35 PM
  #40  
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Originally Posted by detailinguy99
My 02 TL-S had shifting issues.
so did everyone elses
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