Lemon Law Is It Applicable To A Used Rx330

[OKEH1]

My 2004 RX330, bought used from main dealer last July with 20500 on clock, car has been back to dealer for 18 repairs under warranty and been off the road for around 25 days, I have just reached 28000.

Have I any legal recourse available to help me, does the lemon law apply to a used vehicle?.

I am at my wits end with this car, any help greatly appreciated.

Thanks

[lexdog]

Different States have different Lemmon Laws Autopedia has some good resources.

http://autopedia.com/html/HotLinks_Lemon2.html

[VGR]

It's inherently risky to purchase the first year of a totally new model redesign.

It's also inherently risky to buy a used car off a dealers lot (vs from a private party) because you can't know anything about how the prior owner treated the car.

Owners who take both risks double their chances of ending up with a vehicle with alot of problems.

[lexdog]

Did you do a carfax report before you purchased your Lexx ?

[RX in NC]

California has some of the most proactive lemon laws in the country from the consumer's standpoint. If your vehicle was properly maintained during the 20,500 miles prior to your ownership, the situation is probably very favorable for you.

There are two key components in any lemon law case. The first component is having complete documentation of your problems. If you possess all of the paperwork involving 18 warranty repairs in less than 10,000 miles, you're certainly off to a good start. The second component involves the dealer needing multiple attempts to fix the same problem. In some states the line is drawn at four attempts - in California it may be less than four. Do some thorough research of your lemon laws and build your case accordingly. 18 warranty repairs and 25 days with the vehicle out of service is certainly a strong case here in North Carolina, and I'll bet that it's an even better case there in California.

The most important aspect of any lemon law attempt from the consumer's point of view is that you must approach it with a professional, no-quit, killer instinct. The manufacturer will not make it easy and may attempt to intimidate you initially. Your best weapon is your documentation and chronology spelled out from day one, along with the attitude that you're not going to be intimidated by corporate managers and their attorneys. Do your homework, contact the Consumer Affairs Department of your Attorney General's Office, and hunker down for a battle. With a strong case and solid preparation, that expected battle may turn into nothing more than a skirmish. Good luck and keep us posted.

[OKEH1]

California has some of the most proactive lemon laws in the country from the consumer's standpoint.  If your vehicle was properly maintained during the 20,500 miles prior to your ownership, the situation is probably very favorable for you.

There are two key components in any lemon law case.  The first component is having complete documentation of your problems.  If you possess all of the paperwork involving 18 warranty repairs in less than 10,000 miles, you're certainly off to a good start.  The second component involves the dealer needing multiple attempts to fix the same problem.  In some states the line is drawn at four attempts  -  in California it may be less than four.  Do some thorough research of your lemon laws and build your case accordingly.  18 warranty repairs and 25 days with the vehicle out of service is certainly a strong case here in North Carolina, and I'll bet that it's an even better case there in California.

The most important aspect of any lemon law attempt from the consumer's point of view is that you must approach it with a professional, no-quit, killer instinct.  The manufacturer will not make it easy and may attempt to intimidate you initially.  Your best weapon is your documentation and chronology spelled out from day one, along with the attitude that you're not going to be intimidated by corporate managers and their attorneys.  Do your homework, contact the Consumer Affairs Department of your Attorney General's Office, and hunker down for a battle.  With a strong case and solid preparation, that expected battle may turn into nothing more than a skirmish.  Good luck and keep us posted.

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Appreciate all the advice, and have taken note.

My car was purchased from the main Lexus dealer who had used it for demo's etc, I have full history of the vehicle, with all repair documents etc.

I feel this was a rogue vehicle and not the norm , but really have had enough and it has become very stressful with me wondering what will fail next, It is going in for the next problem on Friday, this is for the underseal which is falling off, and the dealer wants to photo the problem now to send to Lexus.

I have a feeling they cant believe all the problems this vehicle has had, so maybe they can help persuade the HQ to respond.

On another note,

I did write to Dennis Clements, VP, Lexus US., I never recieved an acknowledgement from him, I checked to see if they recieved the letter and they had and passed to a rep, but she never called back, I had to follow it up and then to be told they thought my problems had been resolved by the dealer, leading me to think they are trying to get me to go away.

Oh, well, maybe I have to resort to Legal aid.

Thanks again anyway

[monarch]

You havn't mentioned any mechanical problems with your '04 RX330, just cosmetic and annoyance type problems. I wonder if the Lemon Law applies to cosmetic problems?

The April issue of Consumer Reports is now on the newstands. The RX300/330 earned the highest possible score for owner satisfaction. The '04 RX330 earned the highest possible scores in every reliability category except "Body Integrity" (dash rattles), although even Body Integrity was rated above average.

[OKEH1]

You havn't mentioned any mechanical problems with your '04 RX330, just cosmetic and annoyance type problems. I wonder if the Lemon Law applies to cosmetic problems?

The April issue of Consumer Reports is now on the newstands.  The RX300/330 earned the highest possible score for owner satisfaction.  The '04 RX330 earned the highest possible scores in every reliability category except "Body Integrity" (dash rattles), although even Body Integrity was rated above average.

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Amongst the problems which are more serious and not cosmetic these being related to Transmission, all the fluid lines had to be replaced , very noisy injectors, almost diesel like, roof rack rails locks broke, both sunvisors broke, Hood stay failed, would not hold hood open, front suspension very noisy over bumps at low speed,leaking rear window seal .

So in all not just cosmetic.

[RX in NC]

Regardless of Consumer Reports ratings, there will always be lemons with every make and model. The common RX300 AWD transmission problems certainly point towards the lemon grove in certain situations.

[monarch]

Amongst the problems which are more serious and not cosmetic these being related to Transmission, all the fluid lines had to be replaced , very noisy injectors, almost diesel like, roof rack rails locks broke, both sunvisors broke, Hood stay failed, would not hold hood open, front suspension very noisy over bumps at low speed,leaking rear window seal .

So in all not just cosmetic.

←

Transmission hesitation is a normal characteristic of the 5-speed automatic and electronic

throttle.

Injector ticking = an annoyance issue (and Lexus has a fix)

Front suspension noise over bumps = annoyance issue

Leaking rear window seal = cosmetic "body integrity" issue

Both sunvisors broke = cosmetic "body integrity" issue

Roof rack rails locks broke = cosmetic "body integrity" issue

Peeling undercoating = cosmetic "body integrity" issue

Hood stay failed, would not hold hood open = cosmetic "body integrity" issue

A "lemon", to my knowledge, is a car with multiple serious mechanical problems that make the car undrivable and your car has had none.

[lexdog]

Either way wether it be Cosmetic or Mechanical a new used car should not have that many issues. I can understand if it was a late model vehicle but a 04 ???

Those kind of problems you listed generally sound like the previous owner abuse the vehicle

[cnynctry]

My 2004 RX330, bought used from main dealer last July with 20500 on clock, car has been back to dealer for 18 repairs under warranty and been off the road for around 25 days, I have just reached 28000.

Have I any legal recourse available to help me, does the lemon law apply to a used vehicle?.

I am at my wits end with this car, any help greatly appreciated.

Thanks

←

A vehicle that was not purchesed new may or may not be covered. I suggest you read this link and then do a search for lemon law California and find a lawer. Lots of them give free consutations.

California Lemon Law

This one a little easier to read.

Lemon Law

[cnynctry]

My 2004 RX330, bought used from main dealer last July with 20500 on clock, car has been back to dealer for 18 repairs under warranty and been off the road for around 25 days, I have just reached 28000.

Have I any legal recourse available to help me, does the lemon law apply to a used vehicle?.

I am at my wits end with this car, any help greatly appreciated.

Thanks

←

Something else I found Click Here

The Warranty Act also applies to used vehicles that are still under a manufacturer's new car warranty. When a used car covered by a new car warranty is sold, any remaining time left in the warranty protects the car's new owner. The law covers "certified" used cars (autos with quality guarantees sold by dealers or through manufacturers' programs), resold lemons (defective vehicles that are bought back by manufacturers or dealers and then resold) and autos covered by extended service contracts.

By California law, the first time a lemon buyback is resold at the retail level, it must have one-year factory warranty to cover defects and cannot legally be sold "as is." The law requires that the car's title state that it is a "lemon law buyback" and the car must have a "lemon" sticker on the door jamb. When lemon buybacks are illegally sold "as is," the buyer still has rights under the Lemon Law.

[OKEH1]

Either way wether it be Cosmetic or Mechanical a new used car should not have that many issues. I can understand if it was a late model vehicle but a 04 ???

Those kind of problems you listed generally sound like the previous owner abuse the vehicle

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The vehicle was a Lexus demo/fleet vehicle, I reckon a lot of the problems would have been sorted from new if it had only one owner/driver, but as nobody probably drove it on a regular basis , then the problems went unresolved.

In any case , I bought Lexus thinking I was purchasing a state of the art vehicle which would come with associated quality of build and components, so far this has not proved a reality and this is my complaint, we are talking 2004 technology etc, and not mid-70's Detroit built cars.

[monarch]

In any case , I bought Lexus thinking I was purchasing a state of the art vehicle which would come with associated quality of build and components, so far this has not proved a reality and this is my complaint, we are talking 2004 technology etc, and not mid-70's Detroit built cars.

←

A Lexus is a Toyota and Toyotas nearly always have some body integrity type deficiencies during the first year of a new body design. Most are fixed during the second year of production but sometimes not all are found and cured until the third year of production. Meanwhile, a new problem or two may crop up because one of Toyotas suppliers accidentally shipped defective parts. 100% perfection is the goal, but it remains an elusive goal even for Toyota and Honda.

You might consider picking up the April issue of Consumer Reports and look at the reliability & defect problems that Mercedes, Jaguar, BMW, Volvo, Volkswagen and Saab have. Those makes actually have as many or more problems than American luxury cars. Audi appears to be the only

European car with at least an average reliability rating.