“No Fix Is Available At This Time.” Whose Fault Is That?
As we have frequently reported in the Lemon Law Blog, this downtrodden economy has eroded the quality of manufacturers warranties.
The industry has placed tremendous limitations on warranty repairs. Manufacturers have set specific time limits on how long it should take for a mechanic to duplicate a problem and fix it. Unfortunately, many problems are not addressed right away, often leaving a driver with an intermittent problem that could leave them stranded at a moment’s notice, anytime, anywhere.
Factories are closing left and right, resulting in parts being on back order for months at a time. Imagine leasing a convertible that you cannot dive through the Spring months, or being offered a loaner coupe to drive your three children to soccer practice while your minivan’s in the shop. It’s happening throughout the Country and while the Lemon Law does provide protection in these situations, not every consumer is aware of their rights.
Now we are faced with a new ever-growing dilemma. The service advisor knows that there is a problem, they verified it, but the manufacturer does not have a fix at this time. Whose fault is that? Are you supposed to sit idly by and wait for technicians to come up with a fix? Or do you take action?
If you find yourself in this predicament, the first thing you need to do is make sure the service advisor puts the term “no fix at this time” in writing on your repair invoice. This confirms that they are aware of a problem and in essence, they are breaching their manufacturers warranty. After all, this warranty ensures that problems will be fixed efficiently and effectively, and that is not happening. Next, make an appointment at another manufacturer authorized dealership for a second opinion. Take the service advisor on a test drive where you can illustrate and duplicate the problem for them. If they also tell you there is no fix, make sure you obtain a second invoice and ask if the manufacturer has provided anything in writing to their dealerships pertaining to this problem. At that point, you should contact 1-800-LEMON LAW or another lemon law attorney in your state to discuss your situation and a strategy to get the matter resolved.
Remember, if you do not fight for your rights, no one else will.
April 26th, 2011 at 10:57 pm
In this case, what should I do? Should I take the car from the dealership and drive until it works and start filing the Lemon law claim? Please advice.
I am having problem with my 2011 model car. And its already been to dealership for 3 times to fix and looks like they finally found the reason of the cause still I dont believe them now as it gave me lot of trouble and they promised nothing will happen all the time and it repeated. Please advice can I file the Lemon law claim driving the car or it can’t drive when you claim?
Thanks in advance.
DJ
April 27th, 2011 at 10:25 am
You can certainly drive your car through the process. It appears now that they have found the case, the claim may be stronger. If you would like to further discuss your problem, please send us an e-mail at https://www.lemonlaw.com/rid.html
April 27th, 2011 at 11:58 am
I am in California and my dealer asked me to contact BBB for lemon law. So, I am contacting with them. I don’t know if you guys can help me out if BBB didn’t showed up nicely.
Thanks for the answer to my question.
April 27th, 2011 at 12:07 pm
BBB is one way to go–but of course, you are going up against manufacturers on your own. For this type of claim, I would think you need to a mechanical expert to testify on your behalf. I would call Krohn & Moss at 800-US-LEMON.
May 2nd, 2011 at 4:15 pm
Hi Again,
I got a call from Manufacturer saying that if they repurchase or take back the car. They are going to charge me the usage and damage cost. THIS IS REALLY NOT FAIR DEAL. Please let me know if its their right to do that? I read several articles about lemon law that they shouldn’t charge the usage and they have to return the amount exactly what I paid. Please advice.
Thanks and much appreciated.
May 2nd, 2011 at 4:29 pm
Unfortunately, when a consumer goes against the manufacturer a lone, they don’t have a lawyer to argue these type of charges. Most lemon laws do have a mileage offset but it is minor and there would only be a damage offset if there was significant damage to the car. Please speak to an attorney in your state if you feel the outcome is unfair.
November 21st, 2011 at 10:54 am
We bought a 2011 Toyota van in September of 2010. The back compartment that the third row seats fold into is holding gallons of water everytime it rains. We took it to the dealership to be fixed and they couldnt find the problem and told us to keep a eye on it. Now with water standing in the back of my van, carpet destroyed and the metal hooks in the floor rusted we took it back and they said they have been informed by Toyota that there is a problem but they do not why or how to fix it. What should we do? I don’t want mold or damage to my NEW van.
November 28th, 2011 at 5:20 pm
If you are not getting any satisfaction from your current dealer, you should take your car to another Toyota dealer for a second opinion. Once you are in three or more times for this issue, call us at 800-LEMON-LAW.