Pros / Cons of Lemon/Magnuson Moss with/without professional help?
#1
Registered User
Thread Starter
Pros / Cons of Lemon/Magnuson Moss with/without professional help?
What's the consensus with regard to success in pursuing a buy back as far as going it alone vs using professional help? Is there something an attorney can do that an owner cannot with respect to pusuing this? From what I hear so far is that going it alone takes forever.
The Magnuson Moss path seems to provide more help for owners where I live.
The Magnuson Moss path seems to provide more help for owners where I live.
#2
Banned
You are asking about Apples and Oranges. Lemon laws are for factory defects that can not be fixed and thus you request a buy back under the Lemon laws.
The Magnuson Moss act is to prevent the manufacture from turning down warranty requests due to using non OEM maintenance parts (ie turbo dies and you are using a NAPA air filter and the dealer says that is why it failed, wrong answer on the dealers part).
Give us details on what you are having trouble with and to answer your real question, if the dealer sees you are confused over your rights then yes it will take a VERY long time to get the problem resolved.
The Magnuson Moss act is to prevent the manufacture from turning down warranty requests due to using non OEM maintenance parts (ie turbo dies and you are using a NAPA air filter and the dealer says that is why it failed, wrong answer on the dealers part).
Give us details on what you are having trouble with and to answer your real question, if the dealer sees you are confused over your rights then yes it will take a VERY long time to get the problem resolved.
#3
Registered User
Thread Starter
CamperAndy
I've touched base with a couple of lemon law attorneys and according to them the lemon laws here are very weak and Magnuson Moss has more provisions than just aftermarket products for vehicles. The Magnuson-Moss Warranty Act provides for consumer products over $25.00, whether the lawsuit stems from a defective computer at $500 or a defective truck that costs $50,000. It all comes down to demonstrating the product was defective.
What I am asking for is feedback on how the going it alone approach works as my paperwork included a postcard for me to register a complaint.
My truck has had the typical emissions systems failures (P2262, plugged DPF, replaced DPF, flushed turbo & returning CELs, etc, etc).
I'm simply done with it, don't want to put up with one more minute of this nonsense.
I've touched base with a couple of lemon law attorneys and according to them the lemon laws here are very weak and Magnuson Moss has more provisions than just aftermarket products for vehicles. The Magnuson-Moss Warranty Act provides for consumer products over $25.00, whether the lawsuit stems from a defective computer at $500 or a defective truck that costs $50,000. It all comes down to demonstrating the product was defective.
What I am asking for is feedback on how the going it alone approach works as my paperwork included a postcard for me to register a complaint.
My truck has had the typical emissions systems failures (P2262, plugged DPF, replaced DPF, flushed turbo & returning CELs, etc, etc).
I'm simply done with it, don't want to put up with one more minute of this nonsense.
#4
Banned
I have not heard of anyone trying to replace or return a truck under the Magnuson-Moss Warranty Act but I think you answered your own question. You will need legal guidance and support to action this correctly and in a timely manner.
Make sure you are well documented.
Make sure you are well documented.
#5
We are currently pursuing Lemon Law on our 5th wheel. A good attorney is the only way to go. Most will take the job with little or no money down in return for 20-33% of the winnings.
#6
Registered User
I sent in the postcard from my 04.5 and only call I ever got was from the last servicing dealer asking if my repair was satisfactory. That ended the complaint. I finally got an attorney to help which took 8 months. Gave up and ordered new truck and day after I was to pick up truck got a call that my arbitration hearing was coming up next day. Basically told them to forget it as I had made a deal on my own better than their only offer thru the atty without arbitration. Offered that I pay $3K plus $.30 per mile for usage over 36K (ABOUT $8 GRAND PLUS ATTY FEES OF $3 GRAND) for an 07 5.9 and they would change over all accessories, hitch etc, and as I was at 68K an just too much money. Traded even with the loss for less than $.14 per mile total. Just had to re-fi for another 60 months and payments stayed same. Loss was mostly where I was down to less than 38 months owed on the 04.5. Much better truck and so far I'm extremely happy with the new dealer and truck.
#7
Registered User
I got my 97 powerstroke lemmon Lawed. The dealer was a bigger problum the the factory people. At that time it was 3 repairs for the same problum in the first year. I think I was at 9-10 so their wasn't much they could say.
The first person you have to get ahold of is the district manager for your area the dealer will know how to get ahold of him/her. Don't be nice but don't get to crazy either you don't need a Lawer IMO
Doesn't hurt to carry a video camera with you to document the dealerships behavior. In my case I got to show the lady that the service manager called her a bXXXX
Trending Topics
#8
Registered User
Thread Starter
I'm learning the laws in states vary. The attorney I talked to clarified in writing that if I used them, the laws are written such that they don't get a percentage of what I get based on laws here. I guess that infers that the auto companies end up doing the percentages.
Thread
Thread Starter
Forum
Replies
Last Post
Bama_Dude
3rd Gen High Performance and Accessories (5.9L Only)
6
04-08-2006 11:09 PM
Crabjoe
3rd Gen Engine and Drivetrain -> 2003-2007
4
09-01-2003 01:58 PM