1999-2009 [Subscribe to Daily Digest] |
I have been successful in getting a car (NOT a Saab) "replaced" under the TX Lemon Law. I learned a lot about record keeping, though. It's important to have as much documentation regarding the problems as possible. I found that in this state, accuracy of the claim is paramount. My lemon qualified for most of the "tests" (loss of use, problem recurrence, numerous other problems). We got right to the courthouse steps before the dealer/mfg finally gave in. So, I had to spend around $2800 in legal fees to get a $16K car replaced.
I generally pay cash for my cars (although I temporarily took advantage of Saab's financing on the 2 Aero's I purchased last year), so my lemon was free and clear. The car was 22 months old by the time we reached a settlement. The dealer's counsel wanted to adjust for depreciation - 10% per year which meant I would get a $13,200 credit towards a new car (with a new/higher sticker). My counsel whispered in my ear that the judge would probably allow for depreciation against the days I had use of the car. At that point, I realized that I had taken the wrong approach, but couldn't have done anything different at that time. After the 3rd recurrence, I should have parked the car and bought another one. This would obviate the depreciation claim as I stopped driving the car completely (no incremental mileage). But, since I could not afford to do that, I had to continue to drive the car....when it was running.
The final negotiation was a new car, free and clear, and no reimbursement for legal fees. This may sound like a whimpy settlement, but believe me, unless you are an attorney and have the time to pursue it on your own, it can be expensive. Once you engage on the lemon law, the dealer will most likely do all they can to make YOU spend as much money on an attorney as possible. It becomes a hold-'em-and-screw-'em game. Another problem I may have had going into court was the numerous times I took my car to the dealer and it came back with "cannot duplicate problem". In the settlement mediation, I was shocked when the other side's counsel looked me in the eye and said, "Hey, you could just be some psycho that likes harrassing dealers. We have no real proof that these problems ever existed. My client certainly says many of them don't exist or are completely erradicated."
I learned a lot in the process and don't wish to go through it again. Both my 2000 Aero's are running fine - no problems yet - knock on wood.
Good luck,
Mike
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