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Lemon Law Help???

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Old 11-11-2009 | 01:25 PM
  #11  
2008_hhr_ss's Avatar
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Joined: 05-06-2009
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From: Cocoa
Yeah, I actually figured when I spoke with GM regarding my file that they would have told me to take it to Rosner for the final attempt, but to my surprise they told me to bring it back to Bob Steele. Unfortunately I left my file number and GM rep phone number at home, but I will be calling them tonight. After I call her I will call the Customer Service at the number above and let them know.
Old 11-11-2009 | 01:28 PM
  #12  
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Joined: 03-07-2008
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From: Essex, Maryland
Lemon laws very from state to state.... contacting a lawyer that deals with this kind of thing in your state would not be a bad idea. It shouldn't cost you too much just for a consultation.

in Maryland it used to be 30 days in total for repair of a new care qualified as a lemon. I missed it by 3 days with my Fiero, with clutch issues.....
Old 11-11-2009 | 02:46 PM
  #13  
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Joined: 05-19-2009
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From: Florida
Florida Lemon Law



Does the Lemon Law Apply to My Vehicle?


The Lemon Law program DOES NOT COVER USED CARS, vehicles that run only on tracks, off-road vehicles, trucks over 10,000 pounds gross vehicle weight, motorcycles, mopeds or the living facilities of recreational vehicles. In order to find out if you could qualify for protection under the Lemon Law, please review the follow information or for additional assistance, call us today at 1-800-321-5366.

Did you purchase or lease your vehicle NEW in the State of Florida?

* The Florida Lemon Law applies to NEW or demonstrator motor vehicles which are sold or leased in the State of Florida. With a few exceptions, a previously titled vehicle (used car) is not covered by the Lemon Law.

Does your vehicle have a defect or condition that substantially impairs the use, value or safety of the vehicle?

* A substantial defect or condition is a problem that substantially impairs the use, value, or safety of the vehicle. There is no easy answer to determine what types of defects or conditions substantially impair a vehicle’s use, value or safety. It depends on the facts of each case. Minor or trivial defects, or defects caused by accident, abuse, neglect, modification or alteration by anyone other than an authorized service agent are not covered.

Have you taken the vehicle to the dealership or an authorized service agent at least 3 times for the SAME substantial defect or condition or has the vehicle been out of service for at least 15 cumulative calendar days due to one or more substantial defect or conditions?

* There must be three repair attempts for the same defect or condition, OR at least 15 cumulative calendar days out of service for one or more defects or conditions, before submitting the Motor Vehicle Defect Notification PDF Document. If you do not have the required number of repair attempts or days out of service, then continue to take the vehicle to the dealer for repairs.

Please Note: If your complaint is based on the vehicle being out of service for 15 or more days the manufacturer or its authorized agent has the opportunity to inspect or repair the vehicle. If the vehicle still does not conform to the warranty for a total of 30 or more days and the manufacturer has had the opportunity to repair, you are entitled to request arbitration.

Have you mailed by registered or express mail, return receipt requested, to the manufacturer of your vehicle (not dealer) the MVDN form which is located in your Lemon Law Handbook provided at the time of purchase?

* After you have either at least three failed repair attempts for the same problem OR at least 15 cumulative calendar days out of service, you must file the Motor Vehicle Defect NotificationPDF Document by registered mail, return receipt requested to the manufacturer to give the manufacturer a final repair attempt or inspection on your vehicle.

Have you had a final repair attempt/inspection after the manufacturer received the MVDN?

* If you put the manufacturer on notice for the defects or conditions, the manufacturer has 10 days from receipt of the MVDN to respond and direct you to a reasonable accessible repair facility to have a final repair attempt or inspection on your vehicle. If you receive no response from the manufacturer within 10 days after the date of receipt, the law states the manufacturer has then waived their right to the final repair attempt and you may proceed with your Lemon Law rights.

Do you have work orders to verify the repairs to your vehicle?

* You must have work orders to support your claim. If you do not have copies of the work orders, contact your dealer for a list of all repair work performed on your vehicle.
* All cases have time limitations for when you can file a request. If you have a question about whether or not your vehicle falls within these time limitations, please contact our office at the numbers 1-800-321-5366 or 850-410-3807.
* If you request arbitration under the failed repair attempts provision, you must have three failed repair attempts for the same defect prior to placing the manufacturer on notice of the defect and a final repair attempt after the notice is received. The defect must still exist after the final repair.
* If you request arbitration under days out of service, you must give notice to the manufacturer after at least 15 cumulative calendar days out of service for multiple defects, but you must have at least 30 total days out of service before applying for arbitration.
* Many manufacturers have a dispute settlement program that may be utilized to resolve your complaints about a vehicle you have purchased or leased. Participation in a manufacturer's program is only required prior to application to the State of Florida Lemon Law arbitration if the manufacturer has a program that is certified through this office. A listing of the certified programs may be found below. All other dispute settlement programs do not effect the filing time or requirements for arbitration through the State and do not require your participation.

If you answered YES to the six questions above, you could qualify for protection under the Florida Lemon Law. Please call 1-800-321-5366 or 850-410-3807 to receive a Request for Arbitration Package by mail.

Visit this URL
http://www.800helpfla.com/lemonlaw/d...html#question2
Old 11-11-2009 | 03:07 PM
  #14  
XXL's Avatar
XXL
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Joined: 05-06-2008
Posts: 1,076
From: Over here
Originally Posted by 2008_hhr_ss
My question is; should I attain an attorney?
Almost any time you have to ask that question, the answer is _yes_.

Good luck with your situation.
Old 11-11-2009 | 03:19 PM
  #15  
2008_hhr_ss's Avatar
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Joined: 05-06-2009
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From: Cocoa
yeah, i actually started filling out the arbitration package, but I dont have some of the things needed here at work so I will have to gather them all together and then submit it. Luckily I have all my service records in .PDF format.

Where are you located Unique?
Old 11-12-2009 | 10:18 AM
  #16  
ChevyMgr's Avatar
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Joined: 11-23-2007
Posts: 8,210
From: Texas
I have never gone to a "lemon law" arbitration were a lawyer was present for either side. And the consumer has won 99% of the time.

We had a member who retained an attorney but had to fight to get his legal fees paid, where as he would have won on the merits of the case without the lawyer.

It's up to you but, arbitration is only binding to GM not the consumer (That is the law in Texas, check your state). So if you don't get what you want, then you can always try the remedy through the courts and the lawyers and take your chances there.
Old 11-12-2009 | 11:03 AM
  #17  
unique_w's Avatar
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Joined: 05-19-2009
Posts: 124
From: Florida
Attorney

I doubt that Florida is much different - I agree with ChevyMgr.

Originally Posted by ChevyMgr
I have never gone to a "lemon law" arbitration were a lawyer was present for either side. And the consumer has won 99% of the time.

We had a member who retained an attorney but had to fight to get his legal fees paid, where as he would have won on the merits of the case without the lawyer.

It's up to you but, arbitration is only binding to GM not the consumer (That is the law in Texas, check your state). So if you don't get what you want, then you can always try the remedy through the courts and the lawyers and take your chances there.

Last edited by unique_w; 11-14-2009 at 10:52 AM.
Old 11-12-2009 | 11:37 AM
  #18  
2008_hhr_ss's Avatar
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Joined: 05-06-2009
Posts: 26
From: Cocoa
Originally Posted by ChevyMgr
I have never gone to a "lemon law" arbitration were a lawyer was present for either side. And the consumer has won 99% of the time.

We had a member who retained an attorney but had to fight to get his legal fees paid, where as he would have won on the merits of the case without the lawyer.

It's up to you but, arbitration is only binding to GM not the consumer (That is the law in Texas, check your state). So if you don't get what you want, then you can always try the remedy through the courts and the lawyers and take your chances there.
Ultimately I just want a refund, and probably a discount of some sort on the 2010 Colorado I want to buy. I mean, I have no problem turning right back around and buying another Chevrolet, but if they are going to fight me the whole way then I will take my money elsewhere.
Old 11-12-2009 | 01:33 PM
  #19  
ChevyMgr's Avatar
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Joined: 11-23-2007
Posts: 8,210
From: Texas
Most people seeking a hearing never get there because they negotiate with GM for either a buy back or tradeout assistance. GM will use the guidelines that are mandate by the state laws when doing this.
Old 11-12-2009 | 04:49 PM
  #20  
2008_hhr_ss's Avatar
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Joined: 05-06-2009
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From: Cocoa
i would love if they would bend the 60 day rule for me even though i bought back in march. the 60 day return policy i mean, since it says if you arent completely satisfied with the vehicle to bring it back, and I am by no means satisfied with it.

picked the car up 30 minutes ago, seems good so far. sounds much different than it did when i dropped it off though for some odd reason.

the hhr has been in for service like 9 times (including oil changes and whatnot) and they FINALLY made a note about there being no muffler on it LOL.


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