Lemon Law 2021 Premium

[Twig]

Has anyone filed or considered filing a lemon law complaint? My car has been to the dealer for the same issue 3+ times and hasn't been repaired (software stuck on XX, haven't gotten an update in 1.5 years) which qualifies it under state law from what I'm reading.

Curious if anyone has actually done this or thought about?

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[JohnnyForensic]

Use the search feature here on the word “lemon” and I think you‘ll come-up with a treasure trove of posts.

 

[devmach-e]

Has the car actually been out of service/un-driveable due to the software not updating?

 

[Maquis]

Lemon laws are state-specific. Keep that in mind when reading about the experience of others.

 

[Twig]

Has the car actually been out of service/un-driveable due to the software not updating?

No but state law here seems to say any issues that can't be fixed after 3 attemps

 

[Ajax]

No but state law here seems to say any issues that can't be fixed after 3 attemps

I saw your other post in the 1.7.1 stuck thread. IMO I would still be happy being stuck on 1.7.1 rather than driving something other than my Mach-E on a permanent basis, but I recognize that everyone's situation is different. You might want to try a different dealership if that's an option for you. The first one I went to to fix the 1.7.1 issue was able to get that part resolved, but I had to spend another 3 weeks in the shop at another dealership to get Bluecruise functional.

 

[devmach-e]

No but state law here seems to say any issues that can't be fixed after 3 attemps

Does your state's lemon law describe what the threshold is for an issue? Not being able to get in a cosmetic part, or fix a minor thing like the trunk not opening via the hands-free system may not rise to the same level as the brakes not working, or reduced power output, or steering/alignment that can't be corrected.

 

[BMT1071]

Is there a specific issue with your car other than not receiving OTAs that they can't fix by updating via FDRS?

 

[Twig]

I saw your other post in the 1.7.1 stuck thread. IMO I would still be happy being stuck on 1.7.1 rather than driving something other than my Mach-E on a permanent basis, but I recognize that everyone's situation is different. You might want to try a different dealership if that's an option for you. The first one I went to to fix the 1.7.1 issue was able to get that part resolved, but I had to spend another 3 weeks in the shop at another dealership to get Bluecruise functional.

I love the car but am concerned on the long term viability if I can't get updates. I only have a couple of months to make the decision to lemon law it. I was also hoping starting the process may escalate the situation.

 

[Twig]

Does your state's lemon law describe what the threshold is for an issue? Not being able to get in a cosmetic part, or fix a minor thing like the trunk not opening via the hands-free system may not rise to the same level as the brakes not working, or reduced power output, or steering/alignment that can't be corrected.

The way I read it any issue not resolved in 3 attempts but that's why I was hoping for others input on the process.

 

[Twig]

Is there a specific issue with your car other than not receiving OTAs that they can't fix by updating via FDRS?

That's the main issue but that issue is causing me to miss other features. Blue cruise for instance. Car drives fine for the most part but I don't want to be stuck with it 5 years from now not being able to get updates.

 

[Twig]

In my case I paid MSRP. I'm also curious on the tax credit.

 

[A-A-Ron]

In my case I paid MSRP. I'm also curious on the tax credit.

Per the IRS, the tax credit would come out of the cost basis of the car - basically if you were refunded more than the after credit cost of the car, any profit is capital gains

 

[ARK]

The way I read it any issue not resolved in 3 attempts but that's why I was hoping for others input on the process.

I suggest calling a law firm that specializes in this sort of law in your state.

For many consumer facing issues, such as lemon law on cars, attorneys don't actually charge you anything upfront. Instead, if they think you have a case, they just get a cut of the settlement or, if it goes to trial, some portion of the recovery.

These types of law firms will therefore often talk to you for a little bit for free over the phone just to see if you a case that they would take on or not.

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