chuckisc

Hey,

I'm deeply sorry for your trouble with the GS4 and the dealer. You probably heard this before, but everything you tell them or want to tell the dealer MUST be in writing and certified mail delivered! Paper and in writing stuff leave a good audit trail when you go to court for some reason!

BUT, I feel your pain and this should be a good lesson to myself: Go to a LEXUS dealer and pay the price for what a GS4 worth! I KNOW, shouldn't burst on you, but damn man, I feel it ! Damn shady used car dealer!

phoenixm3

Haa...i'd like to get a new GS4 but then i already owned a M3. My mum wouldnt let me get another new car!!

kodai

I found some information that may help you.

How do Arizona's lemon laws protect the consumer with a "lemon" automobile or product? Krohn & Moss Ltd., Arizona lemon law attorneys, service the entire state of Arizona with attorneys throughout the state. They will handle claims including odometer fraud, consumer rights, computers, warranties, spot delivery fraud, used car lemon cases, defective automobiles and all other vehicles such as motorcycles, vans, trucks, RV's, and boats. Consult our successful consumer law attorneys and get rid of your lemon using state or federal lemon laws through our consultation and litigation. The firm of Krohn & Moss, Ltd. has handled thousands of lemon law claims to date, without charging their clients any attorneys fees, and they can help you. Submit your lemon information online for a free case evaluation*, or call our office today, toll free, at 1-800 US LEMON.

WHAT RIGHTS DO I HAVE?

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Your rights are defined by state law and the warranty that came with the vehicle. These rights can be far greater than you thought.

When we accept a case for representation, many different claims are pursued against the manufacturer to provide the most effective and widest recovery possible for our clients. Dependent upon the claims, this may include the Lemon Law, breach of warranty and unfair trade practices (i.e. damages for failing to repair the vehicle properly). Since each case is different, we tailor the claims to the facts of that specific case.


WHAT DOES KROHN & MOSS, LTD. DO AFTER THEY GET MY INFORMATION?

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It is important for you to give us the details of the purchase and the service and repair history of the vehicle including dates and work performed. This enables us to know how the problems have affected the use, value, personal satisfaction or safety of the vehicle and how to proceed to the next step.


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WHAT IF MY REPAIR RECORDS DON'T SHOW THAT A PROBLEM WAS FOUND?

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The information uncovered in our investigation sometimes surprises even our clients. Each time a vehicle is brought to the dealer for repair, several copies of the repair order are generated: a customer copy, a warranty payment copy, a bookkeeping copy and a hard copy. The hard copy contains mechanic's notes for each repair. This information is never seen by the customer. The customer's copy usually will just list the problem the customer brought the car in for, but the invoice may read, "could not duplicate customer's concern." Yet, when the hard copy is read, it is not uncommon to see that the mechanic did find a problem which he has not been instructed to try and repair!

The customer may then be left with the impression that the problem isn't there and will continue to drive the vehicle with a potentially dangerous defect. Why is this done? Perhaps the most common reason is that a certain make or model may suffer from a uniform problem (i.e. door latch defect), which the manufacturer has yet to correct in the design of the car. Since the "repair" is not officially recognized by the manufacturer, the dealer either writes, "could not duplicate" or perhaps "vehicle operating as designed" and sends the customer on his way.


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VALUABLE INFORMATION WE NEED TO INVESTIGATE A CLAIM:

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• The representations by the dealer to the customer at the time of sale
• The full repair history of the vehicle
• The dates when each repair was attempted
• Did the dealer accurately note your complaint?
• Did the dealer make a good faith attempt to diagnose the problem?
• To your knowledge, does that model have a history of such problems?
• Were you told the problem would go away on its own?
• Did the dealer say they "could not duplicate" the problem (a typical way of trying to convince the customer there is nothing wrong with the vehicle even though there is)?
• Was the vehicle involved in an accident before it was sold to the customer and if so, was the damage disclosed before customer delivery?
• If there was damage before the customer took delivery of the vehicle, were all the repairs performed properly?
• Were the details and information in the warranty clearly explained to the customer before the sale was made?
• Did the dealer make any false representations?
• Did the dealer make any false statements about a customer's legal rights and MOST IMPORTANTLY...

DID YOU GET WHAT YOU PAID FOR OR ARE YOU UNSATISFIED WITH THE PERFORMANCE OF YOUR VEHICLE??


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MY CAR HAS CLEAR PROBLEMS. CAN'T I JUST GET THE MANUFACTURER TO REPLACE THE CAR MYSELF?

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In most cases, the answer to this question is "No!".

Each manufacturer has departments they refer to as "customer satisfaction,", "quality care," etc., which the customer must call in case of problems. Usually, these departments were created to give the customer a "caring feeling" when he/she has a concern or problem with a vehicle. However, if you use the words "lemon law", "lawyer", or "replacement vehicle", the conversation typically ends. Some of the promises made to the unhappy customer include further review of the situation, consulting with your dealer, speaking with a superior or some other claim. The manufacturers' strategy is to delay you from doing anything, thus you continue to believe they will resolve the situation.

To their way of thinking, you may get fed up and sell the car or trade it in and buy another one. Then the manufacturer will not have to accept the financial obligation and disclosure requirements that go along with their buying the car back as a "lemon.". Your problem or concern can only be settled if you keep the manufacturer on a deadline as to when action will be taken, otherwise it will not be resolved. Even in those cases when a refund or replacement is offered, the manufacturer may not give you what you are entitled to under the Lemon Law. You may end up paying thousands of dollars in mileage fees, taxes and other charges, which the law requires them to pay!

Since our clients pay no attorney's fees, there is no reason for you to represent yourself in these cases.


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SHOULD I PAY A LAWYER A RETAINER TO HANDLE MY CASE?

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WRONG CHOICE IN LAWYER!!! A consumer shouldn't pay ANY fees when Lemon Law and/or warranty claims are pursued. Consumer's rights are protected by requiring the manufacturer/warrantor to pay all fees for a successful case. An attorney who is unfamiliar with how to win and collect a fee would want a retainer due to inexperience with these types of cases.


If you think your car is a lemon and you would like us to investigate further, you can fill out the Lemon Information form, E-Mail Us or call toll free 1-(888) MY-LEMON (888-695-3666). A few minutes of your time could bring you what you are entitled to!


Arizona Lemon Law

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Arizona Revised Statutes §§ 44-1261 to -1265

44-1261 .
Definitions; exemptions


A. In this article, unless the context otherwise requires: ·

1. "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle or any other person entitled by the terms of the warranty to enforce the obligations of the warranty. ·

2. "Motor vehicle" means a self-propelled vehicle designated primarily for the transportation of persons or property over the public highways.

B. If the motor vehicle is a motor home, the provisions of this article shall apply to the self-propelled vehicle and chassis but does not include those portions of the vehicle designed, used or maintained primarily as a mobile dwelling, office or commercial space.

C. The provisions of this article do not apply to a motor vehicle with a declared gross weight over ten thousand pounds.

44-1262 .
New motor vehicle; repair during express warranty or two years or twenty-four thousand miles

A. If a new motor vehicle does not conform to all applicable express warranties: · 1. A consumer shall report the nonconformity to the manufacturer, its agent or its authorized dealer or issuer of a warranty during the shorter of the following: ·

(a) The term of the express warranty. ·

(b) The period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier. ·

2. The manufacturer, its agent or its authorized dealer or the issuer of a warranty shall make those repairs that are necessary to conform the motor vehicle to such express warranties, even if the repairs are made after the expiration of the term or two year period or twenty-four thousand mile limit.

B. This section does not limit in any way the remedies available to a consumer under a new motor vehicle warranty that extends beyond the limits prescribed in this section.

44-1263 .
Inability to conform motor vehicle to express warranty; replacement of vehicle or refund of moneys; affirmative defenses

A. If the manufacturer, its agents or its authorized dealers are unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a new motor vehicle or accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle. The manufacturer shall make refunds to the consumer and lienholder, if any, as their interests appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first written report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.

B. It is an affirmative defense to any claim under this article that either: ·

1. An alleged nonconformity does not substantially impair the use and market value of the motor vehicle. ·

2. Nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle.

44-1264 .
Reasonable number of attempts to conform motor vehicle to express warranty; presumption A. It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if either: ·

1. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents or authorized dealers during the shorter of the express warranty term or the period of two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier, but the nonconformity continues to exist. ·

2. The motor vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the shorter of the express warranty term or the two year period or twenty-four thousand miles, whichever is earlier.

B. The term of an express warranty, the two year period and the thirty day period are extended by any period of time during which repair services are not available to the consumer because of any war, invasion, strike, fire, flood or other natural disaster.

C. The presumption prescribed in this section does not apply against a manufacturer unless the manufacturer has received prior direct written notification from or on behalf of the consumer of the alleged defect and has had an opportunity to cure the alleged defect.

44-1265 .
Nonlimitation of rights; refund or replacement not required if certain procedures not followed; attorney fees A. If a manufacturer has established or participates in an informal dispute settlement procedure which complies in all respects with 16 code of federal regulations part 703, section 44-1263 relating to refunds or replacement does not apply to any consumer who has not first resorted to such a procedure.

B. A consumer shall begin an action under this article within six months following the earlier of expiration of the express warranty term or two years or twenty-four thousand miles following the date of original delivery of the motor vehicle to the consumer, whichever is earlier. If a consumer prevails in an action under this article, the court shall award the consumer reasonable costs and attorney fees.

44-1266 .
Notice to dealers and prospective purchasers


A. A manufacturer who has been ordered by judgment or decree to replace or repurchase a motor vehicle pursuant to this article or the repair or replace laws of another state shall, before offering the motor vehicle for resale, attach to the motor vehicle written notification indicating the motor vehicle has been replaced or repurchased. A consumer has a cause of action against any person, who removes the written notification from the motor vehicle, except as provided in subsection B of this section.

B. A motor vehicle dealer, broker, wholesale motor vehicle dealer or wholesale motor vehicle auction dealer as defined in section 28-4301 who offers for sale a motor vehicle that has been replaced or repurchased pursuant to this article or the repair or replace laws of another state shall provide the purchaser with the manufacturer's written notification indicating that the motor vehicle has been replaced or repurchased before completion of the sale. C. It shall constitute an affirmative defense in an action brought pursuant to subsection A of this section against a motor vehicle dealer or an agent of a motor vehicle dealer that the notification described in subsection A of this section was removed by someone other than the dealer or agent without the knowledge of the dealer or agent.



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Magnuson-Moss Warranty-Federal Trade Commission Improvement Act

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is a Federal Law that protects the buyer of any product which costs more than $25 and comes with an express written warranty. This law applies to any product that you buy that does not perform as it should.

The Magnuson-Moss statute gives consumers considerable rights in dealing with manufacturers of lemon cars. A car buyer is guaranteed that certain minimum requirements of warranties must be met, and provides for disclosure of warranties before purchase.

Regarding "lemon cars", this law greatly affects the rights of car buyers. For any product which has a written warranty if any part of the product, or the product itself is considered defective, the warrantor must permit the buyer the choice of either a refund or replacement of the product.

We have argued successfully to juries that the lemon manufacturers should be given three attempts to fix the defect. Continued attempts to repair beyond the initial three should not be allowed. We call this the "three strikes and you're out" principle.

A consumer may pursue legal action in any court of general jurisdiction in the United States to enforce his rights under the Magnuson-Moss Law. Attorney's fees based on actual time spent will be covered if the consumer prevails.

Due to this particular condition, there is quite a bit of financial pressure on the manufacturer to settle consumer disputes before going to court, as this would keep their expenses down.


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Uniform Commercial Code

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The Uniform Commercial Code or UCC has been enacted in all 50 states and some of the territories of the United States. It is the primary source of law in all contracts dealing with the sale of products. The TARR refers to Tender, Acceptance, Rejection, Revocation and applies to different aspects of the consumer's "relationship" with the purchased goods.

TENDER-The tender provisions of the Uniform Commercial Code contained in Section 2-601 provide that the buyer is entitled to reject any goods that fail in any respect to conform to the contract. Unfortunately, new cars are often technically complex and their innermost workings are beyond the understanding of the average new car buyer. The buyer, therefore, does not know whether the goods are non-conforming.

ACCEPTANCE-The new car buyer accepts the goods believing and expecting that the manufacturer will repair any problem he has with the goods under the warranty.

REJECTION-The new car buyer may discover a problem with the vehicle within the first few miles of his purchase. This would allow the new car buyer to reject the goods. If the new car buyer discovers a defect in the car within a reasonable time of inspecting the vehicle, he may reject the vehicle. This period is not defined. On the one hand, the buyer must be given a reasonable time to inspect and that reasonable time to inspect will be held as an acceptance of the vehicle. The Courts will decide this reasonable time to inspect based on the knowledge and experience of the buyer, the difficulty in discovering the defect, and the opportunity to discover the defect.


The following is an example of a case of rejection: Mr. Zabriskie purchase a new 1966 Chevrolet Biscayne. After picking up the car on Friday evening, while en route to his home 2.5 miles away, and within 7/10ths of a mile from the dealership, the car stalled and stalled again within 15 feet. Thereafter, the car would only drive in low gear. The buyer rejected the vehicle and stopped payment on his check. The dealer contended that the buyer could not reject the car because he had driven it around the block and that was his reasonable opportunity to inspect. The New Jersey Court said;

To the layman, the complicated mechanisms of today's automobile are a
complete mystery. To have the automobile inspected by someone with
sufficient expertise to disassemble the vehicle in order the discover
latent defects before the contract is signed, is assuredly impossible
and highly impractical. Consequently, the first few miles of driving
become even more significant to the excited new car buyer. This is
the buyer's first reasonable opportunity to enjoy his new vehicle
to see if it conforms to what it was represented to be and whether he
is getting what he bargained for. How long the buyer may drive the
new car under the guise of inspection of new goods is not an issue in
the present case because 7/10th of a mile is clearly within the ambit
of a reasonable opportunity to inspect. Zabriskie Chevrolet, Inc.
v. Smith, 240 A. 2d 195(1968)


It is suggested that Courts will tend to excuse use by consumers if possible.

REVOCATION- What happens when the consumer has used the new car for a lengthy period of time? This is the typical lemon car case. The UCC provides that a buyer may revoke his acceptance of goods whose non-conformity substantially impairs the value of the goods to him when he has accepted the goods without discovery of a non-conformity because it was difficult to discover or if he was assured that non-conformities would be repaired. Of course, the average new car buyer does not learn of the non-conformity until hundreds of thousands of miles later. And because quality is job one, and manufacturers are competing on the basis of their warranties, the consumer is always assured that any non-comformities he does discover will be remedied.

What is a non-conformity substantially impairing the value of the vehicle?

1.) A non-conformity may include a number of relatively minor defects whose cumulative total adds up to a substantial impairment. This is the "Shaken Faith" Doctrine first stated in the Zabrisikie case. "For a majority of people the purchase of a new car is a major investment, rationalized by the peace of mind that flows from its dependability and safety. Once their faith is shaken, the vehicle loses not only its real value in their eyes, but becomes an instrument whose integrity is substantially impaired and whose operation is fraught with apprehension".

2.) A substantial non-comformity may include a failure or refusal to repair the goods under the warranty. In Durfee v. Rod Baxter Imports, the Minnesota Court held that a Saab owner who was plagued by a series of annoying minor defects and stalling, which were never repaired after a number of attempts, could revoke, "if repairs are not successfully undertaken within a reasonable time", the consumer may elect to revoke.

Substantial Non-Conformity and Lemon Laws-As shown below, lemon laws often define what may be considered a substantial impairment. These definitions have been successfully used to flesh out the substantial impairment in the UCC.

The narrative information on Magnusson-Moss, UCC and lemon laws on these pages is provided by T. Michael Flinn, attorney.

All of the above information is from Arizona's Lemon Laws
I hope this helps. good luck

phoenixm3

kodai:
thx for the info. I will give them a call see if they can help me out!!