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irondiezl3 04-14-2008 09:58 AM

lemon yet?
 
bought feb 8 2008
since then here is issues fixed from gm dealer.

2 serp belts 3 weeks apart snapped
thermostat
plugs
wires
waterpump
oil pump
fuel pump
front wheel berrings
rear defogger
window regulator
back seat housing
ac clutch
water leak somewhere inside car
intake manifold gasket



all bad in 2 months on a 04 alero 56k is this a lemon yet or not want opinions?

bigdaddyD 04-14-2008 10:01 AM

the following info came from http://www.lemonfirm.com/info.htm, you could try and call them and see if you can get a free consultation, they would be your best bet.

How many repairs or days out of service do I need to establish a viable Lemon Law case?

Each state Lemon Law has different requirements for the number of repairs or days out of service necessary to establish a claim. In New York, you would typically need to demonstrate either 4 repairs for the same defect (with the defect continuing to persist), or 30 days out of service for repair for all defects in the aggregate, within 2 years or 18,000 miles from taking delivery of your vehicle. However, even if you do not have sufficient repairs within that time period, there are other statutes that we can often utilize to address your situation.

cherrington17 04-14-2008 10:03 AM

did you have to pay for the repairs? i thought lemon laws were in place, to prevent the purchaser from having to pay a ton to keep the car functional.... i didn't think it was applicable to warrenty repairs....

bigdaddyD 04-14-2008 10:12 AM

well i bought my '03 alero from my parents, when they bought it brand new and the sunroof was leaking causing a shortage in the electrical system, had it fixed twice, same with the front windsheild, we called a lawyer about it and he said if it happend again give him a call and we could have a suit filed against the dealership. of course they finaly fixed it after the second time but im sure it applies to new vehicles as well, but it may differ depending on states.

AGT 04-14-2008 10:13 AM

i was always told lemon laws are in place for when the dealer can not repair to satisfaction after 3 times. Is each state different?

irondiezl3 04-14-2008 10:13 AM

i havent paid for one penny it was 3 grand for all of that. im afraid to keep the car what if this just keeps up i could never afford the repairs? my lemon warranty ends may 8th

irondiezl3 04-14-2008 10:14 AM

none of the problems were 4 times though just a bunch of different problems.

bigdaddyD 04-14-2008 10:18 AM

like i said in my first post, i would consider calling a law firm that deals with lemon laws and see if you cant get a free consultation, they could give you the best legal advice, then talk to a mechanic about the probability of the replaced parts failing again, you may be able to trade your car back in for a different one from the dealer.

lonnie 04-14-2008 02:20 PM

I thought those lemon laws only applied to a brand new car, not a used car purchase. Unfortunately it sounds as though everything listed above is everything that would go wrong with our cars over time or which are known problems with these cars. In any event it sucks that you have to go through all of this in such a short period of time, and think of it this way, it has all been fixed and at this rate you may end up with a pratically new car anyway!:thumb:

irondiezl3 04-14-2008 03:23 PM

do u think its a situation where it can just keep happening where stuff keeps breaking? i mean theres only so many things to break. im afraid my engine and tranny are next

lonnie 04-14-2008 03:58 PM

^^^^Yeah cause where you got it from didn't do any of the maint. or service on it at all. Maybe they would have had to eat the cost, or very likely it could have been a trade in or something. I can understand your fear though. Did you buy from a dealer or from a person?

irondiezl3 04-14-2008 04:05 PM

dealer they have been very good fixing everything they have spent 3 grand out of pocket to fix all these issues. but i know once the lemon warranty expires they arent gunna fix anything i called atorney general and he said id win hands down to get a new car but idk what to do i like my car i either have to file now to get a new car or ride it out and hope its just from the first owner didnt maintain it? the bodys mint and car is perfect and clean even under the hood is perfect. just scred what if i pass the opportunity to get a new car then this thing keeps breaking. ive never heard bad things of aleros breaking down my friend had a 2001 and he never has issues like this.

AGT 04-14-2008 04:40 PM

That list of things replaced includes items that should never go bad on a 2004 alero. I would consider the new car.

irondiezl3 04-14-2008 04:44 PM

thats what i think personally i say how can a 04 alero have not only that many issues but common some of those are semi serious and semi expensive. idk i just wanted some opinions and see if anyone else had any issues like these before thanks for all ur input.

AGT 04-14-2008 04:47 PM

I had a 99 with 48K and ran it to 128K. Of your list;
2 serp belts 3 weeks apart snapped
thermostat
plugs
wires
waterpump
oil pump
fuel pump
front wheel berrings
rear defogger
window regulator
back seat housing
ac clutch
water leak somewhere inside car
intake manifold gasket

I had not one of those problems.

hok666 04-14-2008 10:23 PM

the only problems Ive had we're: the rear degogger probably from the system I have, and the resistor for the HVAC

super white alero1 04-14-2008 10:27 PM

Tune-up items - your gonna have to suck up.
Oil pump, fuel pump, compressor, wheel bearing - should be the dealer responsibility or the warranty's responsibility
Regulator, LIM, rear defogger, seat housing - dealer responsibility, sue their asses for that car or tell them to get you a different one. only problem I see thou is that 2 months has elapsed so you might be SOL.

jamcllw 04-14-2008 10:37 PM

lemon laws cover new cars. they aren't going to give you a new car because you bought a piece of shit used car

NickAlero2000 04-14-2008 10:45 PM

learn what a lemon law is b4 u make stupid comments on it
Its meant to cover used cars at certain mileage levels....
30K=6 month lemon Warrenty
50K=4 Month
70+=2 Month
90+=No Lemon Law applicable
After 90K a used car is basically As-Is, POS or not
Lemon laws cover cars that should still be running right.
The car SOUNDS like a lemon.
Sue thier asses b4 its too late.

Sorry for the pissed off-ness, this issue hits me close to home...

lonnie 04-15-2008 07:50 AM

Used cars are not covered under the Lemon Law but claims are processed under the Mag Moss Act, and thats if it is covered under a factory warranty or extended warranty. You are still obligated to go through the steps that you would go through if you were going to file a claim under the lemon law. Not saying you don't have a lemon, but most of that stuff will go bad on these cars and unfortunately they all went bad at once, now with that said if I had just bought a car and that started to happen I would have filed my claim the very first day. Get it done quickly, and keep any and all receipts that you have, cause you will need them. Good Luck!

bigdaddyD 04-15-2008 08:04 AM

its a 50/50 chance that the alero has been fixed, but you can never be too sure, by the sounds of it, the previous owner did not take care of it. When i bought my first car i had the tranny go out 3 days after i bought it, spent the next 3 months in/out of the shop with tranny problems, i couldnt do anything about it because it had to many miles, but i asked the owner how could they sell a vehicle if its just gonna brake 3 days later, so they paid for everything, including towing. but i would say just get rid of the alero, thats just my $.02.

lonnie 04-15-2008 10:55 AM

....guys if these people don't want to deal with you then you have to be aggresive sometimes if you want some type of reconciliation...If one guy doesn't help you then go to the guy above him and so on and so forth. If they don't seem to want to help..then call the BBB you would be amazed at what that can do to solve a problem with these stubborn buisnesses. Once you call and get a case number the BBB handles the rest. I really hate when someone is taken advantage of but this dealer seems to stand behind what they are selling to pay for everything, could see if they would trade it for a different car?

AGT 04-15-2008 10:58 AM

Quote:

Originally Posted by lonnie (Post 349567)
....guys if these people don't want to deal with you then you have to be aggresive sometimes if you want some type of reconciliation...If one guy doesn't help you then go to the guy above him and so on and so forth. If they don't seem to want to help..then call the BBB you would be amazed at what that can do to solve a problem with these stubborn buisnesses. Once you call and get a case number the BBB handles the rest. I really hate when someone is taken advantage of but this dealer seems to stand behind what they are selling to pay for everything, could see if they would trade it for a different car?



Amen to that. Better Business Bureau really helps.

irondiezl3 04-15-2008 01:20 PM

i appretiate everyones post. but some posts are incorrect the lemon law is different between each state yes here in ny my used alero is covered. second the lemon law warranty gets extended every time its in the shop. so yes even after 2 months and 7k im still covered. its just an issue of if this is normal wear and tear rom a neglected previous owner ill keep but i figured ask alero owners if they think these issues are normal or had them with theirs?

paulyb 04-15-2008 05:38 PM

New York used car lemon law.

(b) If your used car has more than 36,000 miles but less than 80,000 miles, a warranty must be provided for at least 60 days or 3,000 miles, whichever comes first.

4. If your engine, transmission, drive axle, brakes, radiator, steering, alternator, generator, starter, or ignition system (excluding the battery) are defective, the dealer or his agent must repair or, if he so chooses, reimburse you for the reasonable cost of repair.

5. If the same problem cannot be repaired after three or more attempts, you are entitled to return the car and receive a refund of your purchase price or of all payments made under your lease contract, and of sales tax and fees, minus a reasonable allowance for any damage not attributable to normal usage or wear, and, in the case of a lease contract, a cancellation of all further payments you are otherwise required to make under the lease contract.

6. If your car is out of service to repair a problem for a total of fifteen days or more during the warranty period you are entitled to return the car and receive a refund of your purchase price or of all payments made under your lease contract, and of sales tax and fees, minus a reasonable allowance for any damage not attributable to normal usage or wear, and, in the case of a lease contract, a cancellation of all further payments you are otherwise required to make under the lease contract.

7. A dealer may put into the written warranty certain provisions which will prohibit your recovery under certain conditions; however, the dealer may not cause you to waive any rights under this law.

8. A dealer may refuse to refund your purchase price, or the payments made under your lease contract, if the problem does not substantially impair the value of your car, or if the problem is caused by abuse, neglect, or unreasonable modification.

9. If a dealer has established an arbitration procedure, the dealer may refuse to refund your purchase price until you first resort to the procedure. If the dealer does not have an arbitration procedure, you may resort to any remedy provided by law and may be entitled to your attorney's fees if you prevail.

10. As an alternative to the arbitration procedure made available through the dealer you may instead choose to submit your claim to an independent arbitrator, approved by the attorney general. You may have to pay a fee for such an arbitration. Contact your local consumer office or attorney general's office to find out how to arrange for independent arbitration.

11. If any dealer refuses to honor your rights or you are not satisfied by the informal dispute settlement procedure, complain to the New York State Attorney General, Executive Office, Capitol, Albany, N.Y. 12224.


2. A dealer shall have up to thirty days from the date of notice by the consumer that the arbitrator's decision has been accepted to comply with the terms of such decision. Provided, however, that nothing contained in this subdivision shall impose any liability on a dealer where a delay beyond the thirty day period is attributable to a consumer who has requested a particular replacement vehicle or otherwise made compliance impossible within said period.
3. Upon the payment of a prescribed filing fee, a consumer shall have the option of submitting any dispute arising under this section to an alternate arbitration mechanism established pursuant to regulations promulgated hereunder by the attorney general. Upon application of the consumer and payment of the filing fee, the dealer shall submit to such alternate arbitration.

Such alternate arbitration shall be conducted by a professional arbitrator or arbitration firm appointed by or under regulations established by the attorney general. Such mechanism shall ensure the personal objectivity of its arbitrators and the right of each party to present its case, to be in attendance during any presentation made by the other party and to rebut or refute such presentation. In all other respects, such alternate arbitration mechanism shall be governed by article seventy-five of the civil practice law and rules.

The notice required by paragraph one of this subdivision, entitled Used Car Lemon Law Bill of Rights, shall be provided to arbitrators and consumers who seek arbitration under the subdivision.

A dealer shall have thirty days from the date of mailing of a copy of the arbitrator's decision to such a dealer to comply with the terms of such decision. Failure to comply within the thirty day period shall entitle the consumer to recover, in addition to any other recovery to which he may be entitled, a fee of twenty-five dollars for each business day beyond thirty days up to five hundred dollars; provided however, that nothing in this subdivision shall impose any liability on a dealer where a delay beyond the thirty day period is attributable to a consumer who has requested a particular replacement vehicle or otherwise made compliance impossible within said period.

4. In no event shall a consumer who has resorted to an informal dispute settlement procedure be precluded from seeking the rights or remedies available by law.

5. In an action brought to enforce the provisions of this article, the court may award reasonable attorney's fees to a prevailing plaintiff or to a consumer who prevails in any judicial action or proceeding arising out of an arbitration proceeding held pursuant to paragraph three of this subdivision. In the event a prevailing plaintiff is required to retain the services of an attorney to enforce the collection of an award granted pursuant to this section, the court may assess against the dealer reasonable attorney's fees for services rendered to enforce collection of said award.

6. Any action brought pursuant to this article shall be commenced within four years of the date of original delivery of the used motor vehicle to the consumer.

g. Notice of consumer rights. At the time of purchase or lease of a used motor vehicle from a dealer in this state, the dealer shall provide to the consumer a notice, printed in not less than eight point bold face type, entitled "Used Car Lemon Law Bill of Rights". The text of such notice shall be identical with the notice required by paragraph one of subdivision f of this section.


S 199. Penalties. Any person, firm, or corporation violating the provisions of section one hundred ninety-six of this article shall be liable in an action brought on behalf of the people of the state of New York in the sum of one thousand dollars for each of such violations.

Jferg2223 04-16-2008 04:13 PM

I though each individual state has their own interpretation of lemon laws and follow them accordingly so what happens in maryland isnt the same thing the state of new york does for a car sold in their state

Redog 04-16-2008 10:07 PM

Sorry to say, but it sounds like you got taken on this car. At 56K no car should have this many problems. It sounds like this car had the crap beat outta it prior to you're ownership.

Some things I could see, but not a list like that.

I doubt you have a lemon laws case, that's typically for new cars.

I'd investage this lot. See what kind of cars they have been selling try calling the BBB in NY ;)


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