Lemon Law? (any state, but I'm in Colorado)

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ovrlndr

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Anyone have any experience with lemon law?

I'd love to hear your experiences, tips, and outcomes.

Reason I am asking: I purchased a brand new 2018 Mercedes-Benz Sprinter Cargo Van 144WB. It has 1,140 miles on it, and it has now had non-start issues 4 times.

Turn the van off, come back 5, 10, 15 minutes later... Put the key in, turn, no start. No sound. Nothing. No clicks. Batteries (it has OEM aux battery) are GOOD.

Dealer thought it was the electronic ignition switch... replaced it. Picked it up on Friday... did the non-start again... Now they think it's something in the transmission. Takes 30 - 60 minutes for the van to actually start when this happens.

How many repair attempts are considered a "reasonable number of attempts"?
 

Boort

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Anyone have any experience with lemon law? ... How many repair attempts are considered a "reasonable number of attempts"?
I'm sorry. You live in about the worst place in the USA for that kind of hassle. Colorado has consistently ranked at the very bottom of any consumer protection rankings for lemon laws I've seen.

Here are the details I have on the options:
Straight from the state:
https://www.colorado.gov/pacific/sites/default/files/DR 2440.pdf

The BBB has a reasonably good Summary:
https://www.bbb.org/us/Storage/16/Documents/BBBAutoLine/CO-LLsummary.pdf

In Co I believe the "reasonable number of attempts" is 4. But they usually get around that buy changing "what's broke" like what they have done by switching focus from Ignition Switch to Transmission. IIRC from my last time of needing to research this the number of attempts will be the least of your problems. You also need to prove that the vehicle was out of service due to repair attempts by the originating dealer for a total of 30 or more business days within the lemon law timeframe.

In short Document EVERY conversation, no matter how small, When, Who, What was said, What will be done, by when, and by whom.
Make sure that every time you take it in to make THEM document the SAME failure symptoms being reported, get a copy when you sign the Ok to repair paperwork.
also be sure to document any lost income, or other tangible or intangible impacts the van being down causes. Not likely gonna help with damages but may prove useful if lawyers get involved.

If you've made any mods (or had anyone else do so) to the van can they be undone? If so start taking them out now so they can't blame the modification or installer.

I.A.N.A.L.

Good luck
Boort
 
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Gary Stevens

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Contact a law firm that specializes in the lemon law, there are several. Check youtube as well. There is a lot of information there. Keep records on every single thing, get everything in writing with e-mails being best. Make sure the dealer writes down everyone of your compliants on a work order and get a copy.
 

SVgarage

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Sounds like you're in a pickle, being in CO. In California, consumer protection is pretty good (probably because there are so many lawyers lurking about chomping at the bit). It's such a litigious state that the dealers tend to try to solve the problem more easily. We have a Rav4 hybrid, which had a problem. In CA, a "reasonable number of attempts" is three, from what I have been told by my friend, who had issues with his XTerra. I was on our 3rd go at the issue, but as soon as I started throwing around the terms Lemon Law, Toyota spent all day, but they found the problem.
 
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ovrlndr

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I'm sorry. You live in about the worst place in the USA for that kind of hassle. Colorado has consistently ranked at the very bottom of any consumer protection rankings for lemon laws I've seen.

Here are the details I have on the options:
Straight from the state:
https://www.colorado.gov/pacific/sites/default/files/DR 2440.pdf

The BBB has a reasonably good Summary:
https://www.bbb.org/us/Storage/16/Documents/BBBAutoLine/CO-LLsummary.pdf

In Co I believe the "reasonable number of attempts" is 4. But they usually get around that buy changing "what's broke" like what they have done by switching focus from Ignition Switch to Transmission. IIRC from my last time of needing to research this the number of attempts will be the least of your problems. You also need to prove that the vehicle was out of service due to repair attempts by the originating dealer for a total of 30 or more business days within the lemon law timeframe.

In short Document EVERY conversation, no matter how small, When, Who, What was said, What will be done, by when, and by whom.
Make sure that every time you take it in to make THEM document the SAME failure symptoms being reported, get a copy when you sign the Ok to repair paperwork.
also be sure to document any lost income, or other tangible or intangible impacts the van being down causes. Not likely gonna help with damages but may prove useful if lawyers get involved.

If you've made any mods (or had anyone else do so) to the van can they be undone? If so start taking them out now so they can't blame the modification or installer.

I.A.N.A.L.

Good luck
Boort
Thanks for the detailed information! Much appreciated.
 

ovrlndr

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4,353
Denver, CO, USA
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Jason
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Broom
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1375

Sounds like you're in a pickle, being in CO. In California, consumer protection is pretty good (probably because there are so many lawyers lurking about chomping at the bit). It's such a litigious state that the dealers tend to try to solve the problem more easily. We have a Rav4 hybrid, which had a problem. In CA, a "reasonable number of attempts" is three, from what I have been told by my friend, who had issues with his XTerra. I was on our 3rd go at the issue, but as soon as I started throwing around the terms Lemon Law, Toyota spent all day, but they found the problem.
Thanks for sharing your experience. I haven't tossed around the Lemon Law term yet with the dealer, but as I understand it, Colorado defines 4 attempts as a "reasonable number of attempts" OR requires that the vehicle be in the shop for a total of 30 (non-consecutive) days within a year period.

Today is day 13, and they are on attempt number 2...

I have the paperwork from the previous complaint and will get the paperwork the next time I go to pick up the van. However there has been no correspondence initiated from either side regarding the specifics of the issue via written form (text, email, etc).
 
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