Anyone Familiar With The Lemon Laws?

"Satoshi "Zipang" Katsura" (sundowne36)
03/23/2019 at 20:54 • Filed to: None

A bit of a backstory: As you all know, family bought a 2017 Subaru Impreza Sport (wagon) back in November ‘17. All was well until the radio (the one with the bigger screen) started to act up and at times, disconnect both my old iPhone 6 and now S9 even though I didn’t touch it.

For that, I kept going to the dealership with that problem twice during the 2-year warranty period (which is set to expire around November of this year), and now its bluetooth system started to crash “Handsfree system is loading” and would stay like that until I have to completely shut off the car (either wait a few minutes for the radio to shut off or open the door for it to). I know they’re about to replace the radio unit with one from a newer MY, but at this point, I just don’t want it anymore.

So my question is, is anyone familiar with the lemon law? I can’t keep using a car with a radio that is borderline useless and at worst, dead.

DISCUSSION (17)

Dr. Zoidberg - RIP Oppo > Satoshi "Zipang" Katsura
03/23/2019 at 21:05

My buddy has owned a 2017 Impreza Sport since new. I will ask him if he’s had similar issues (he has had problems with excessive oil consumption).

As for the lemon law, you have to take it in to the dealer and get them to acknowledge the problem, and if they can fix it in 30 days blah blah blah. But I worry that an infotainment system with be deterred or glossed over. Look up 2018 CRV problems. Tons of people out there with heaters that don’t work but can’t get their local dealer to acknowledge or address the problem.

CRider > Satoshi "Zipang" Katsura
03/23/2019 at 21:30

Steve Lehto is a lemon law attourney who’s known to browse Oppo. Hopefully he can chime in here.

facw > Satoshi "Zipang" Katsura
03/23/2019 at 21:43

Ultimately you need to talk to a local lawyer because lemon laws are state laws, and aren’t exactly the same everywhere. IIRC in most places you need to make some official notification after the second or third failed repair attempt and then they get one more chance to fix it or the manufacturer has to offer a buy back. I believe most laws also require the problem to be “significant” and while I think a non-functional head-unit should qualify, it’s not clear that it would be considered so by the manufacturer or the courts. In any event see if a local lawyer would give you a free consult.

Spamfeller Loves Nazi Clicks > Satoshi "Zipang" Katsura
03/23/2019 at 21:52

Here are your Lemon Law basics (not endorsed by Steve Lehto, but he’s not going to tell you anything different on this part):

The same problem has occurred 3 or more times within the initial warranty period despite attempts to repair it

This number drops to 1 repair attempt for most safety issues such as brakes, steering, airbags, or seatbelts

Recalls DO NOT count as repair attempts

If the car spends more than 30 days awaiting repairs or otherwise out of service in a 1 year period

Specific rules vary by state; these only cover federal and general. Your state may have substantially stricter lemon laws (but very few do.) In all cases you will be dealing with SUBARU, not the dealer. Many dealers will make false or misleading statements because lemon buybacks may count against them internally, so they don’t want to be involved in it.

If you tell me which state, I can find you the relevant state statutes.

pip bip - choose Corrour > Satoshi "Zipang" Katsura
03/23/2019 at 22:06

Try the new radio first

Make sure your devices are all up to date too

If problem persists then try for lemon law

superdave847 > Satoshi "Zipang" Katsura
03/23/2019 at 22:06

I’m not sure a car is a Lemon because of the stereo, but good luck.

RallyDarkstrike - Fan of 2-cyl FIATs, Eastern Bloc & Kei cars > Satoshi "Zipang" Katsura
03/23/2019 at 22:47

Maybe I am not getting something here, but if they are replacing the radio with one from a newer model year car under warranty at no cost to you and the rest of the car has treated you relatively well aside from the radio...why Lemon Law return the car...? Why not just let them put the later (possibly with the issue you’re having in your older radio fixed) model radio in and see if the problem persists? You have 7 more months before the warranty expires, what is there to lose?

Satoshi "Zipang" Katsura > superdave847
03/23/2019 at 22:48

Problem is, the radio kept kicking my phone off even if I don’t even touch it, and using the hands-free controls on the wheel tends to freak it out. I’ll be adding in more to the OP later.

KJ?2 > Satoshi "Zipang" Katsura
03/23/2019 at 22:51

HI. Your vehicle does not qualify under the lemon laws. I’m in the process of a lemon law issue. New vehicle. My water pump broke and the engine had to be replaced. The car was in the shop for 45 days. It qualifies as a lemon and is being replaced. Initially I opted to have them buy it back, then I decided to have them replace my car with a new one.

I live in GA and this is how I began the process.

Georgia Lemon Law Complaint Process | Georgia Department of Law’s Consumer Protection Division

http://www.consumer.ga.gov/consumer-services/lemon-law-complaint-process

SmugAardvark > Satoshi "Zipang" Katsura
03/24/2019 at 01:01

My brother’s girlfriend has had the same problem. I think they might be on Oppo? If he is, I imagine he will chime in. Don’t know if it ever got resolved, but her Impreza had a wonky radio that would intermittently die and could not get solved through repeated dealership visits.

glemon > Satoshi "Zipang" Katsura
03/24/2019 at 01:42

I am not sure if the radio/Bluetooth would count as a significant defect (I understand the frustration, but under the Lemon Law) ? How long have they kept the car? Did you say two trips trips to get it fixed. I think at this point you are looking at an uphill battle, have them put the new radio in it.

jimz > superdave847
03/24/2019 at 08:06

Sure it can be. If it’s had three or four (varies by state) attempts to repair the same defect, then you can have a lemon law claim.

CRV > Dr. Zoidberg - RIP Oppo
03/24/2019 at 08:35

I’ve got a 2017 crv with the oil dilution problem. The update was installed and did no good. In 1'500 to 2'500 miles oil level is 3/4 to 1 inc h above full. Dealer acknowledged the problem and has been changing oil with no charge. Sent registered letter to dealer and asked to forward to Honda 1 month ago. No response from either. What's next?

Jordan and the Slowrunner, Boomer Intensifies > Satoshi "Zipang" Katsura
03/24/2019 at 12:19

Have to buy it new, and it has to happen in the first year.

jimz > superdave847
03/24/2019 at 14:31

to give you an example, a few jobs ago I worked at a supplier who made audio hardware for several car companies. one of them was a class-D (switching) audio amplifier. Though the amplifier passed EMC testing, it was placed in the car such that some switching noise coupled into the active antenna and just obliterated AM reception of a station which was popular in that region of the country. A couple of cars did indeed get bought back because any repair attempt was futile until a design change was made to the amplifier.

Satoshi "Zipang" Katsura > Jordan and the Slowrunner, Boomer Intensifies
03/24/2019 at 17:13

Both of which are applicable, I’m afraid.

Jordan and the Slowrunner, Boomer Intensifies > Satoshi "Zipang" Katsura
03/24/2019 at 17:28

Depends on the state, it has to be fixed by attempt three, or be down for 30 days.