Pursuing A Lemon Law Case

Overcoming Dealer ‘Wall Of Problems’

© Stephanie Infante

Jul 6, 2009
Under the hood, www.normantaylor.com
Manufacturer's and dealers deliberately stall a repair order and know very well of a vehicle's defective condition.

Lemon law cases have become a bit more popular in recent years. It may be because today, more and more consumers are familiarizing themselves with the lemon law. With the current economic conditions, consumers are also opting for the purchase of a used vehicle instead of new one. Cases like this require one to know the facts of the laws that protect them. But knowing how to apply the law to the purchase of a new vehicle is also imperative. This is the case for a Wisconsin resident and his lemon. In November of 2008, a jury awarded $120,000 to a 46-year-old plumber from Minocqua, Wisconsin, in a suit against a major automobile manufacturer. The plaintiff had claimed that the pickup he had purchased new in 2005 was a "lemon" with severely faulty steering.

Law Suits Against Auto Manufacturers

Although the plaintiff certainly won in the end, he had been fighting for three years to get to that point. The case had to go all the way to trial and this is an indication of the "wall of problems" auto manufacturers can throw up to try and deter consumers from pursuing their legal rights as regards lemons. The plaintiff began complaining to the dealership and manufacturer in 2005, just after he purchased the truck and found it often difficult to maneuver. After four failed repair attempts, he was informed by the auto manufacturer that the problem was "normal" and that nothing could be done for it. It finally took the retaining of a lawyer and a lawsuit for him to be availed of his rights under the law.

During the course of the trial, it was revealed that GM knew about the problem. This is usually the case and a prime reason to retain an experienced lemon law attorney from the outset of a lemon car issue.

Repeated Trips To The Dealer

A similar story is that of Sarah Griffith's. A Pennsylvania resident, Griffith bought an SUV. Six months after the purchase, the vehicle began behaving dangerously. Driving down the parkway, the car would virtually shut down. Neither the brakes nor accelerator would work. Repeated trips to the dealer for repairs did not correct the problem, and in fact it didn't solve until she filed suit against the car manufacturer. Griffith ended up getting a replacement vehicle, which has fortunately been performing just fine.

Sometimes, the manufacturer and its dealerships know all about the defective condition in the vehicle, hence so many cases such as the one described above with Ms. Griffith. In all likelihood, the defect was manufactured into the vehicle through engineering error, poor quality parts, inadequate quality control, deficient manufacturing procedures, or simply the statistics of manufacturing millions of vehicles.

Dealer Philosophy

Through years of research in the handling of thousands of California lemon law cases, here is a quote from a service manager at a large automobile dealership in Southern California: "If you can't fix their car, fix their head." This quote reflects the philosophy that some dealers and manufacturers utilize when dealing with complaining customers. As happened with the plaintiffs, they will repeatedly tell you that no problem can be found in an effort to make you go away. This runaround is mental and financial torture. It can take many months, even years. It consumes incredible amounts of wasted time and costs that you did not anticipate and can probably ill afford.


The copyright of the article Pursuing A Lemon Law Case in Law is owned by Stephanie Infante. Permission to republish Pursuing A Lemon Law Case in print or online must be granted by the author in writing.


Under the hood, www.normantaylor.com
       


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