neil0311

So the Acura folks are playing hardball. They won't buy the vehicle but they are open to a one time cash settlement for all the issues.

Has anyone been down this road before? They provided loaners, so there are no direct expenses that I incurred. What would be reasonable for a vehicle that has been out of service for almost 7 weeks and had multiple repairs?

My other choice would be a lawyer and arbitration and the lemon law route. They know that's a less preferable option and are just trying to settle.

Anyone have advice or a similar situation they've been through with Acura or another vehicle manufacturer?

thoiboi

Do you qualify for lemon law?

neil0311

I believe I do, but would need to confirm with the state and/or an attorney. Acura is essentially telling me that if I get legal representation all other offers are off the table.

EricInMaryland

Trust me, that is not true. Once a lawyer gets involved their position is diminished.

If you qualify for lemon law (look it up). Take action immediately. In the meantime, offer them $1 and they get to keep the car.

BTW...I found this:

Contact an attorney. There are attorneys in every state who specialize in lemon law claims. Talking to an attorney in the beginning could save you a headache later.

Take the car back to the dealer for repairs. Sometimes problems that seem huge can be fixed by replacing a single part, and in most states, the consumer has to give the dealer an opportunity to fix the car before declaring the vehicle a lemon.

Give written notice. In most states, before you file a lemon law claim you must provide the dealer and manufacturer with notice by certified mail. This notice should include: your name, address, phone number, a description (year, make and model) of the vehicle you're planning to declare a lemon, the VIN (vehicle identification number), and an explanation of what's wrong with the vehicle. The notice should also state that attempts made by the dealer and manufacturer to repair the vehicle have not worked, and you expect a replacement or refund within 60 days of mailing your letter.

This notice or letter must be mailed no later than 60 days after the initial warranty is up

EricInMaryland

BTW...you never had a chance...they will NEVER let you out of the obligation unless compelled to do so by law.

hadokenuh

Or just ask for a cash offer that will cover the depreciation cost when you trade it in. Get trade appraisals from different dealers to get a good number.

Once you get the cash, just trade it in for something else and move on. I'd do this first. If they come back with ridiculous offer, I'd go with the lemon law route.

neil0311

That's exactly what I was thinking. I looked up current value in KBB and was going to counter with the difference between current value based on KBB and original purchase price. I paid cash, so there is no lease or financing to worry about.

ceb

Just call a lemon lawyer. They'll do a free consultation and the whole process will cost you a percentage of the recovery.

EricInMaryland

That may work but they certainly will not use KBB. No dealer does. Many go with a wholesale estimate.

With a free consultation, CEB is right that it does not hurt to see a lemon law lawyer.

EricInMaryland

Follow this link:

Can I Handle My Lemon Law Claim Myself?

csmeance

I handled lemon law myself and Acura took care of me. Beware with lemon law they do deduct for mileage used according to your state laws. Check the booklets on lemon law that came with your car. It'll have all the information and how to start the process.

Acura took back my 06MDX and gave me a fully loaded 2007 due to the trouble I had an being a long time customer.

7-weeks of repairs is excessive and may qualify under the time out of service requirements.

Don't waste your time or money with an attorney. The process isn't difficult.

CanTex

Here's a link from Jerry Reynold's newspaper column (He's the Car Pro Show guy on many radio stations):

The Car Pro's newspaper column can be read weekly in the Austin American-Statesman, Houston Chronicle, Sacramento Bee, San Antonio Express News, and various other newspapers around the country.







This week's topic: How the Lemon Laws Work
I hear from people regularly who wonder if their vehicle qualifies for their state's Lemon Law protection. This is a tough subject to cover, because every state has different laws and criteria. I want to be clear that I am not a lawyer, nor do I play one on the radio, but I will try to give you generic information that could help.

Generally speaking, the Lemon Law comes into play when a particular problem cannot be fixed after repeated attempts. I have never seen cosmetic problems, or electronic accessories (like navigation or Bluetooth) come into play, it is normally something that affects the drivability of a vehicle. In most States, there is a minimum of three repair attempts for the same issue before you qualify.
Should you feel you have a Lemon Law case, your paperwork of repair attempts is very important, and not just having the paperwork in order, but also what it says. If the dealer is unable to reproduce the problem, that can hurt your case if it is written that way. Look at your repair order before you leave the dealership and make sure your issue was acknowledged. I often recommend people try a different dealership on the third attempt to repair a problem. Two dealers failing to make the repair will only strengthen your case.
Be aware too, that in some states, your vehicle has to be out of service for a certain amount of time, usually 30 days total during the warranty period. Again, check the paperwork as you leave the dealership to make sure the date you brought it in and the date you picked it up are accurate. Check odometer readings on your paperwork too, it is not uncommon for dealerships to transpose numbers or miss a digit, and this can be a nightmare to correct.
The question often comes up whether or not you need an attorney to win a Lemon Law case? The short answer is it depends on how consumer friendly your state is. In California, for instance, the Lemon Law is very pro-consumer. Often there, just the threat of a Lemon Law suit will get your case settled quickly. As a former new car Dealer, my experience in Texas was the consumer was at a disadvantage.
Also, do not think because you have a bad car, you get a new one with no strings attached. Most states have a complicated formula that requires you to pay for time and mileage used, and that comes off the price of the replacement car, and has to be dealt with. I have seen people win Lemon Law cases, but chose not to go through with it because the terms were not acceptable.
Finally, understand your dealership is on your side and can be a real ally should you need to file a Lemon Law case. Your dealer did not build the car, and it doesn't want to lose a customer, so it is in its best interest to assist you. Lemon Law cases are legal suits between you and the automaker.
Play your cards smart. If you think you have a slam-dunk Lemon Law case, based on the criteria of your state, contact the automaker directly (not the dealer) and lay your facts out. If your info is compelling enough, your automaker may voluntarily do a buy back with you, saving you the time and trouble of a trial.