Advice on Lemon Law (not RS4 specific)
#1
Advice on Lemon Law (not RS4 specific)
I talked my brother into buying an Audi and now I feel bad because he's running into some issues (he has a 2007 A4 3.2L 6SP).
1) His motor is making a bad knocking sound at 4k miles (sounds like the bearing knock of death), and the dealer cannot figure out why. They're seeking input from techwire which I assume is some Audi NA tech support for the dealers. They've suggested the car might need a new motor and in the mean time they're doing the `ol parts swap-a-roo in an effort to localize the problem to a particular component (e.g., new ECU, air pump, knock sensors, etc.). We stopped by the dealer today and the tech and his manager had the valve cover off the right head and were inspecting the valve train with a flashlight. They seemed annoyed by our presence so we didn't ask questions. On the way down to see the car the service tech said not to worry, he had a problem with his new Audi at 4k miles too but not as bad as my brother's, and then added "these things happen you know because they're built by humans." I'm not sure how this was supposed to make my brother feel better.
2) The dealer cracked his front windshield so now that has to be replaced.
3) There was an issue with the heating element in the front seat that was causing damage to the leather, so that had to be replaced.
4) My brother also asked me today if it's more difficult to shift from 2-3 than from 1-2, 3-4, 4-5, etc. We don't have the same gearboxes in our cars so I cannot say for sure but it certainly does not sound right and I asked my friend who has the same car and he has no such issues.
So my question is, at what point does lemon law start to take effect? I don't blame my brother for not wanting a brand new car that's been so worked over. Any advice?
Thanks,
1) His motor is making a bad knocking sound at 4k miles (sounds like the bearing knock of death), and the dealer cannot figure out why. They're seeking input from techwire which I assume is some Audi NA tech support for the dealers. They've suggested the car might need a new motor and in the mean time they're doing the `ol parts swap-a-roo in an effort to localize the problem to a particular component (e.g., new ECU, air pump, knock sensors, etc.). We stopped by the dealer today and the tech and his manager had the valve cover off the right head and were inspecting the valve train with a flashlight. They seemed annoyed by our presence so we didn't ask questions. On the way down to see the car the service tech said not to worry, he had a problem with his new Audi at 4k miles too but not as bad as my brother's, and then added "these things happen you know because they're built by humans." I'm not sure how this was supposed to make my brother feel better.
2) The dealer cracked his front windshield so now that has to be replaced.
3) There was an issue with the heating element in the front seat that was causing damage to the leather, so that had to be replaced.
4) My brother also asked me today if it's more difficult to shift from 2-3 than from 1-2, 3-4, 4-5, etc. We don't have the same gearboxes in our cars so I cannot say for sure but it certainly does not sound right and I asked my friend who has the same car and he has no such issues.
So my question is, at what point does lemon law start to take effect? I don't blame my brother for not wanting a brand new car that's been so worked over. Any advice?
Thanks,
#2
Re: Advice on Lemon Law (not RS4 specific)
Hi,
Take a look at this site - it is a state-by-state guide regarding lemon laws.<ul><li><a href="http://www.carlemon.com/lemonstat.html">http://www.carlemon.com/lemonstat.html</a</li></ul>
Take a look at this site - it is a state-by-state guide regarding lemon laws.<ul><li><a href="http://www.carlemon.com/lemonstat.html">http://www.carlemon.com/lemonstat.html</a</li></ul>
#3
Re: Advice on Lemon Law (not RS4 specific)
Usually, under most states Lemon laws, a manufacturer (thourgh a licensed dealer) gets 4 or more attempts to fix the "same" verified problem. After that you can then pursue a lemon law claim in court or through an approved arbitration body. Doing this gives you a presumption that the car is a lemon in court.
You can actually sue any time, though you would not get the presumption. Also, if the problem endangers life and limb, then 1 or 2 repair attempts may suffice.
What is important is to put the manufacturer (not just the dealer) on notice of a recurring problem that apparently can not be fixed. This helps later. Doucment every occurence of the problem, every call and vist to the dealer, ever call or email to the manufacter. Consider filing a complaint the the BBB or NHTSA or both.
Remember that a successful lemon law claim will force (among other things) the manufacturer to buy back the car at the price you paid plus additional costs (taxes etc), not what it is worth today. So expect your manufactuer to say no to your buy back request until you haul them into court. They would rather (it seems) that you get killed before they buy back your car. Most figure if they delay your claim enough you will give up, since pursing a lemon law claim can take a lot of effort. Don't ever expect them to just say "oh sorry, here is your money back."
You can actually sue any time, though you would not get the presumption. Also, if the problem endangers life and limb, then 1 or 2 repair attempts may suffice.
What is important is to put the manufacturer (not just the dealer) on notice of a recurring problem that apparently can not be fixed. This helps later. Doucment every occurence of the problem, every call and vist to the dealer, ever call or email to the manufacter. Consider filing a complaint the the BBB or NHTSA or both.
Remember that a successful lemon law claim will force (among other things) the manufacturer to buy back the car at the price you paid plus additional costs (taxes etc), not what it is worth today. So expect your manufactuer to say no to your buy back request until you haul them into court. They would rather (it seems) that you get killed before they buy back your car. Most figure if they delay your claim enough you will give up, since pursing a lemon law claim can take a lot of effort. Don't ever expect them to just say "oh sorry, here is your money back."
#4
Have him talk to the regional Audi tech rep.
My first Audi was replaced after four attempts at the dealer to solve a stalling problem. (97 A4 1.8T).
The regional tech went for a test drive with me, I reproduced the issue. He told them to swap the ECU. Two days later I picked the car up, and stalled it immediately. Called him, and he ordered me a brand new '98 A4. It was easy, no lawyers, no shouting. The time for your brother is to act now, request for his car to be lemoned.
The regional tech went for a test drive with me, I reproduced the issue. He told them to swap the ECU. Two days later I picked the car up, and stalled it immediately. Called him, and he ordered me a brand new '98 A4. It was easy, no lawyers, no shouting. The time for your brother is to act now, request for his car to be lemoned.
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