Help with dealer or lemon law

a851yy07 · January 4, 2002

I bought a new Avalnche about 3 months ago. Since then it has been back to the dealer for something they screwed up. would the lemon law apply if they cant/wont fix it?

Heres what is happening. The roof racks on these trucks are dealer installed. well when they installed it they didnt tape of anything and there were little metal shavings everywhere. well these little shavings have cause rust spots by the door openings where they got caught in the weather stripping. dealer cleaned out the shavings but didnt do anything about the rust. now those spots are getting bigger and now there is rust comming from under the mounts to the roof rack.

I want to know what i can do to either have them redo the roof of the truck or have them buy it back or lemon law it. I shouldnt have to deal with this BS on a brand new truck.

Can anyone tell me what my options are?

kengsxr · January 4, 2002

you need to find out what the laws for your state are. for this. they should be available from your local consumer protection agency or BBB.

chevy4x4trucks · January 4, 2002

Well, from my understanding the lemon law applies to problems w/a vehicle from the factory if it has to go in for something so many time within a given year. Your only option is to hound the dealer about it and if they say they can do nothing about it tell them that you'll be consulting a lawyer and the BBB.

Hopefully your dealer won't be a jerk and will fix there problems.

Greg · January 4, 2002

I believe lemon laws are state laws so what you can/should do depends on your state of residence and/or the state where you purchased the vehicle. The fact that the rack was dealer installed may weaken your case, especially if your install was after you took delivery. I would suggest making at least three documented service visits to the selling dealer to correct the problem. For example, have the service writer document your request for an oil change and correction of rust spots. Make sure you have a written disposition for each item on your service visits. Escalate the issue (nicely) in writing to your sales person, dealer management, and the Chevy zone office. Also start looking for a lawyer. Here in Michigan there are firms that specialize in lemon law cases because legal fees are covered in the settlement.

Disclaimer: I am not a lawyer nor do I portray one on TV.

THE BIGPUNN · January 4, 2002

the lemon law is for repeat problems with a mechanical part. like if your transmission died so many times within a givin time period and the mechanics were unable/capable of fixing the problem. i think what you have is more of a consumer/customer issue with your dealer. if i were you, i would show the manager of the dealer your concern and attempt to get them to fix it. it sounds like the problem should be fixed under your manufacture warranty. if that fails, contact a lawyer. whatever you do, take pictures now, and dont waste time!

Shaners · January 4, 2002

I agree your problem will have to be resolved through your dealer, although you may be able to apply some leverage from GM because of your dealers incompetence. You may have to threaten legally (I hope not), but it sounds like you have a good case and for the money you paid you shouldn't have to put up with that!!!

02Blue · January 4, 2002

Well, the rack is an aftermarket item. This link may help:

http://www.sema.org/warranty/

Good luck!

Greg · January 5, 2002

From page 32 of the Avalanche brochure:

"No matter which GM Accessory item you choose, these available features are covered under the GM New Vehicle Limited Warranty.*

* 3 years/36,000 miles (whichever comes first). See your Chevy dealer for complete details."

On page 38 of the brochure, under exterior features includes and optional "Luggage rack: roof-mounted, adjustable, black (dealer-installed). "

However, in the 2002 Light Duty Truck Warranty and Owner Assistance Information that came with my Av:

On page 10, under What is Not Covered: "alteration of modification to the vehicle including the body, chassis or components after final assembly by GM."

On page 9, under Sheet Metal Coverage:

"Corrosion: Body sheet metal panels are covered against rust for 3 years or 36,000 miles, whichever comes first. ... (later, in bold) NOTE: Cosmetic or surface corrosion (resulting from stone chips or scratches in the paint, for example) is not included in sheet metal coverage."

I can't find anything in the warranty book about GM accessories or their warranty.

So, will your dealer go by the fine print or do the right thing? Just make sure to let this nationwide audience of GM truck customers how your dealer, by name, treats you.

CapnDean · January 5, 2002

From the "For what it's worth" files of CapnDean.

FWIW: I sued Chrysler under MS lemon law regarding engine ping.

Lemon laws are State Specific (www.lemonaid.com)

Generally: You have to have a problem that affects Safety, Useability or the Value of your vehicle. Although it may take a lawyer to 'prove' that rusty spots affect the value....nuff said.

Secondarily you are required to give the manufacturer MORE than ample opportunity to fix the problem. Most states require 3 repair attempts or between 15 & 30 days "out of service" to qualify for lemon law action. After that you have to formally notify the dealer that you are filing lemon law action. BING another chance for them to fix the gripe.

In MS, I was required to submit to arbitration before I could sue. Well...sort of...Basically it's a rule that you have to exhaust all available remedies (of which arbitration is one) before you can sucessfully sue. Really though, you can simply sue first but you will lose because the first thing the manufacturer will say is that you didn't give em fair chance to fix the problem or replace your vehicle.

Arbitration with Chrysler was rigged...that's another story. They said that 7 repair attempts for engine ping did not equal "a substantial number of repair attempts": I argued with em on this because MS says 3 is substantial and the arbitration rules (which I said earlier are rigged) say that the arbitrator will follow state lemon law guidelines in determining your claim.

Suggestion: Save yourself the pain in the butt. Write a letter to the dealer telling him you are unhappy with the Dealer installed accessories and ask him to replace the truck. If he says no...hire an atty, butt out and be very very patient as it will take forever. Eventually you will prevail. Do not accept any deal from the dealer that involves you renegotiating a sale price on a new vehicle (such as an MSRP swap or any of that crap) as it just gives their sales staff another crack at your wallet.

Been there...done that....got jerked around and eventually..

My lawyer beat their lawyer and I am driving a GMC instead of a Dodge! BTW: In my life I have owned 8 Chevy's and one Dodge. These are my first 2 GMCs ;

I NEVER shoulda strayed!

CapnDean

brmiller · January 5, 2002

I had the same rust in the door seal gaskets [presumably] from the roof rack installation. I started to clean them out ('cause I caught them early after I received the truck), but then I thought, "Naw, the dealer needs to see this."

Read my freshly-posted trip report to the dealer. They cleaned and buffed out all the spots so I can't tell they're there. No shavings, no rust. And the paint still looks good as new. So I got a good dealer, I guess.

FWIW, my rack was already installed before I took ownership. While this is an accessory, it sometimes gets listed as a "Dealer-installed option". A lot of the Avs had the rack already installed while they were sitting on the lot. Never thought to look for shavings... I only found them (and the rust) when I peeled the door seals back to install the adhesive tape on my windshield trim as part of the Bugflector install.

Good luck!

Brendan

NewbieZ71 · January 5, 2002

Just do what a guy local to me did (not on an AV though). He put a sign up in his side windows stating that "This new car is rusting and NAME OF DEALERSHIP Wont do a DAM$ thing about it......he would drive around town with it on and went to the dealership on Saturday mornings. The dealer did whatever (i'm not sure what) to fix his problem!!