Is It A Lemon?

[bgrif005]

I have had to fix so many things on this truck and I am still not done. some problems were fixed the first time, some i need to bring in for the second and some for the third time to attempt a fix. i will spare all the problems, but to give an idea of some of them i am dealing with the slip yoke nudge, brakes squeal, serp belt needed replacement, speaker buzz, headlight didnt work, blah blah blah.

 

its been in the shop a total of 29 days thus far since january....is this a lemon or should continue to bring it into the dealer again and again to work out the bugs?

 

granted nothing fatal or major just one minor problem after another.

 

what do you guys think? anyone dealt with a lemon law before?

[jrrod2004]

yeah, used to get paid to help DVMs settle potential lemon cases before the customer went BBB, problem is I dont remember what the VA state rules are

[jrrod2004]

if VA is like TX, they will have directions on how to go about researching their definition of lemon is and what steps are necessary

[bgrif005]

according to the DMV for VA:

 

If you have tried unsuccessfully to have your new vehicle (purchased in Virginia) repaired three or more times for the same problem, or the vehicle has been out of service for more than thirty days in one year, your vehicle may be classified as a lemon under the Virginia Motor Vehicle Warranty Enforcement Act.

If you think your vehicle is a lemon, contact the Office of Consumer Affairs before filing a claim under this Act. All claims must be filed within 18 months following the date you first received the vehicle.

[jrrod2004]

So, what you want to do is notify GM of your dissatisfaction (Email, Call em) at http://www.gmc.com/contactus/index.jsp:

 

Mail:

P.O. BOX 33172

Detroit, MI 48232-5172

 

Telephone:

From inside the US:1-800-551-4123

 

Email:

http://www.gmc.com/contactus/emailus_comment.jsp

 

 

then make sure to get a case number, try to resolve with GM, if not, then this will help your claim when you go to file as the manufacturer already would have a record of your dissatisfaction (Case Number). In addition, not sure if there is a specific process on contacting your Office of Consumer Affairs......may want to look into that

[bgrif005]

Mike, thanks for all your help.

 

I guess all i am questioning now is if the severity of the problems will classify.

[jrrod2004]

um, that definition of severity should be addressed by that office (Office of Consumer Affairs), at least I would assume so. Here in Texas, the way I interpret it is this: if your vehicle goes back into the dealership more than 3 times for the same issue, then this can be considered a lemon, but this is specific to Texas under the New Vehicle Warranty. Here is a sample of what they may hand you in VA (not the exact same thing)

 

 

 

§ 2301.204. COMPLAINT CONCERNING VEHICLE DEFECT.

(a) The owner of a motor vehicle or the owner's designated agent

may make a complaint concerning a defect in a motor vehicle that is

covered by a manufacturer's, converter's, or distributor's warranty

agreement applicable to the vehicle.

(b) The complaint must be made in writing to the applicable

dealer, manufacturer, converter, or distributor and must specify

each defect in the vehicle that is covered by the warranty.

© The owner may also invoke the board's jurisdiction by

sending a copy of the complaint to the board.

(d) A hearing may be scheduled on any complaint made under

this section that is not privately resolved between the owner and

the dealer, manufacturer, converter, or distributor.

 

Added by Acts 2001, 77th Leg., ch. 1421, § 5, eff. June 1, 2003.

 

 

§ 2301.205. NOTICE OF COMPLAINT PROCEDURE. (a) A

franchised dealer shall provide notice of the complaint procedures

provided by Section 2301.204 and Subchapter M to each person to whom

the dealer sells a new motor vehicle.

(b) The board may require its approval of the contents of

the notice required by Subsection (a) or may prescribe the contents

of the notice.

© The failure to provide notice as required by this

section is a violation of this chapter.

 

Added by Acts 2001, 77th Leg., ch. 1421, § 5, eff. June 1, 2003.

 

 

§ 2301.206. PUBLIC PARTICIPATION. (a) The board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the board and to speak on

any issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English or who has a

physical, mental, or developmental disability may be provided

reasonable access to the board's programs.

 

Added by Acts 2001, 77th Leg., ch. 1421, § 5, eff. June 1, 2003.

SUBCHAPTER F. LICENSE REQUIREMENTS

[WI_Dave]

A friend of mine here had a brand new eclipse and it was in the shop 30 times and caught on fire twice in the first year.(actually less than a year) and the reason he won his lemon law was the power window on drivers side didn't go up smoothly. It was in the shop 3 times for the same problem and it wasn't fixed. At least here severity wasn't an issue because he didn't win for car catching on fire twice but power window not being smooth.

 

 

 

If you have tried unsuccessfully to have your new vehicle (purchased in Virginia) repaired three or more times for the same problem, or the vehicle has been out of service for more than thirty days in one year

 

Take it in one more time so you reach the 30 days out of service before you try it.