emtam

Ok, this might be a long post.

So i bought a leased 2007 lexus is350 in dec 2009 (it still had the original warranty when i bought it) from the guy who leased it. We did it through a lexus dealer and they inspected it (does that count as CPO?). We also bought extended warranty.

When the dealer inspected the vehicle, they found that the struts were leaking. So soon after, i brought the car back for repair. Then some time later (i forget when atm) the same problem occurred and i brought it back to the dealer for repair. Now I think it's leaking again. Does the lemon law (California) apply to my car?

Thanks.

emtam

oh btw, how dangerous are leaking struts?

laobo979

iTrader: (5)

My guess is no since strut are wear and tear items. Is it dangerous no just annoying thumping sound if they are truly blown.

roastbeef

car will probably not qualify because struts are a wear and tear item as stated. plus, i think the lemon law applies to new cars.
any mods to the car like aftermarket springs?

emtam

No aftermarket parts except fog lights and interior lights. The thing is the dealer repaired the leak twice under the warranty though.

calvin2376

iTrader: (2)

Can you provide more information? First off, just having a Lexus dealer inspect a car does not mean it's CPO. CPO refers to cars that have undergone a 161-point inspection and are sold by Lexus dealers as such. You pay a premium ($1000-2000) for the CPO warranty. You would know if you car is CPO.

You said you bought an extended warranty. What is this extended warranty? Is it through Lexus or not? If it's through Lexus, is it a Vehicle Service Agreement? If so, is it Platinum/Gold/Powertrain?

To get any useful help, you have to at least know yourself what you're dealing with and be able to provide that information. You for example should know what extended warranty you have if you explicitly purchased it.

Were the repairs (either the first and/or second time) covered by said warranty?

A simple Google search returns many results with information on the CA lemon laws. When people think of "lemon law" they're generally thinking of the federal one applying to new cars. However, some states have laws regarding used cars, and California appears to. Here's a website outlining CA's lemon laws: http://www.consumer-action.org/engli...lemon_law_eng/

Read it carefully. There are many things to keep in mind, but right off the bat two things jump out at me:

1) There's a good chance your car IS eligible to be covered by this lemon law, as it states that if you had an issue during your new factory warranty period (which you did), you have 4 years from that date to try and file for a lemon law claim. The law also appears to cover cars covered by extended service contracts, which I think yours is.

2) BUT this issue does not appear to be covered at the moment by the law because:

You have taken your vehicle to an authorized dealer four or more times about the same problem OR your vehicle has been out of service for 30 days or more because of any number of problems. (The 30 days do not have to be consecutive.) If the defect is likely to cause death or serious injury to you or your passengers if you drive the car, you can ask for a refund or replacement after only two unsuccessful repair attempts.

You have not yet taken it to the dealer 4 times for the same problem. Nor I imagine has it been out of service for 30 total days yet.

Ultimately you'll have to consult a lawyer to get the specifics of your case. But I'm curious about the above questions - if you're paying for this out of pocket or if it's covered, and what warranty you have. If I'm in your situation and having these problems and it's all covered by warranty, I'd be upset about the inconvenience but probably not be trying to make a lemon law claim and get rid of the car. I'd more likely be on the phone with Lexus corporate telling them they need to send a specialist out to get it fixed for good this time. If you ARE paying out of pocket for this that's different.