AcuraZine - Acura Enthusiast Community - Lemon Law applicable for Transmission issue ?

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Lemon Law applicable for Transmission issue ?

I'm curious to know if the Lemon law would be applicable to the transmission issues that the 9 speed transmission people here are having? Forgive me if this has been posted before but I couldn't find anything.
Thanks.

Quote:

Originally Posted by mani (Post 15522686)

It depends on the state you're in, but I think this goes in the Problems & Fixes board anyway. There is a ton of discussion on this issue, there.

Legal advice obtained here is exactly worth what you paid for it. Opinions are cheap and everyone has one.

As someone already mentioned, each state is slightly different. The Kansas Lemon Law (like all other states) is there to protectconsumers from getting stuck with a defective vehicle by enforcing thewarranties required on new cars. It also defines the terms of what constitutesa lemon and how a consumer can get a defective car replaced or refunded.

In order to qualify as a lemon, thecar must reach the defective status within 1 year of the purchase date.

Thedefect(s) must be major enough so that it "substantially impairs the useand value of the vehicle." This is the key point.

A slightly hard or soft shifting transmission is somewhat subjective and would fall into a 'gray' area. Other transmission problems could be grounds for Lemon Law.

The law does not cover smaller problemssuch as cosmetic defects, a bad radio, or malfunctioning air conditioner. Thedealer is required to honor any warranty for these problems, but they will notqualify the vehicle for coverage under the Lemon Laws.

Ifthe vehicle fits any of the following criteria, you have made a reasonablenumber of attempts to repair it, and it can be declared a lemon:

You had 4 attempts that wereunsuccessful to repair the same problem

The vehicle has been out of servicefor at least 30 days during the warranty period

There were 10 attempts or more torepair various defect during the warranty period

The problem is that you need to show the transmission is defective and Acura can't or won't fix it. Defective in this case seems to be subjective, not objective. It is not like the transmission doesn't work. It works, it just may not work the way you want it to, but it works. The car is not leaving you stranded on the side of the road and Acura can't fix it. It might be a tough sell. You'd have a better chance IMHO of getting Acura to buy back the car, or trade it for a different car with a less offensive shift.

@Rocket_man: But isn't there a case, that the transmission might get worse and go bad right after the 4yr/50k warranty expires ?

Quote:

Originally Posted by mani (Post 15523397)

@Rocket_man: But isn't there a case, that the transmission might get worse and go bad right after the 4yr/50k warranty expires ?

no, because to fall under the lemon law, the car needs to be addressed by the dealer 3 or 4 times for that specific issue with no real fixes, depending on state. a "what-if" scenerio DOES NOT FALL under this definition