TheOrteganator
Junior Member
What is the name of your state (only U.S. law)? California
I will try and keep this as short as possible, but my apologies as this situation seems a bit complicated to me and requires a brief history.
I purchased a brand new 2015 Volkswagen less than 30 days ago, which was the first of many mistakes I am now kicking myself for. The reason this was a mistake was that I let excitement over a new car get the better of me and glossed over a potentially serious red flag.
The day I signed the purchase contract, the vehicle could not be test driven because the dealership was fixing an exhaust bolt, they said it would be very simple and I could take delivery of the car very soon. I had already test driven many identical brand new models so agreed to sign the purchase contract and await delivery a couple days while they waited for the part to arrive to complete the simple repair.
Two days later when delivery was originally planned, they called and said change of plans we now have to wait for a VW representative engineer to travel to the dealership because they wanted to be extra careful since it was such a new 2015 model but promised it was still a very simple and easy repair. They provided me with a loaner car because of the delay and I still paid cash in full for the vehicle on that date as I had promised them originally.
A few days later they call to tell me that the repair is completed, VW engineer certified the fix, and I can come get the car. I push them at this point for details on what was so seriously wrong that required an additional 5 days of service and official manufacturer involvement. I learn that there was never an exhaust problem, during these few days they have removed the transmission and completed a serious and involved repair. I was very upset, but eventually agreed to take delivery of the car when they offered a small extended warranty. This brings me to my first question...
Q. Did the dealership commit fraud or anything by misleading me about the problem with the car? By removing the transmission when I had authorized the "exhaust repair" did they make me sign the purchase contract under false terms? I certainly feel that way, but I know it depends on the law.
Less than 1000 miles later the vehicle begins making a very alarming squeaking/rubbing sound that requires a visit to a different dealer service department and renders it undriveable. This service team finds that the original dealership left the entire engine/transmission subframe loose and it was moving around, allowing the whole engine and transmission to shift on acceleration and turning in the engine bay. Critical suspension components also depend on this subframe being solidly attached to the car. This new dealership repairs the car and attaches everything solidly. However, the steering was out of alignment when I dropped the car off and it was returned still like that despite my request to specifically repair that. This is noted right on the service invoice, that I reported the problem and that they returned it with no attempt to fix the steering alignment because of "waiting for authorization".
Total days spent in service: 13 (out of 29 days total owned as of today)
Q. Does the fact that this shoddy repair left my car in an unsafe state help qualify for lemon law? I have expressed to the manufacturer that I don't feel comfortable or safe with this vehicle, and they have told me to pound sand and denied my buy back/replacement request.
Q. What can I do about the steering alignment which is still not repaired? I dropped the car off for service on Sept 12th and reported this steering problem, but no attempt was made to fix it then and I am still being told to wait for authorization to get it fixed! Can I count all of the days since I dropped it off and requested repair against them for lemon law?
Much thanks to anyone who has taken the time to read my long-winded post and offer whatever advice or experience you have. I am considering starting arbitration with the BBB which VW does participate in, but I'm also aware I don't quite meet some of the numbers for typical lemon law yet.
I will try and keep this as short as possible, but my apologies as this situation seems a bit complicated to me and requires a brief history.
I purchased a brand new 2015 Volkswagen less than 30 days ago, which was the first of many mistakes I am now kicking myself for. The reason this was a mistake was that I let excitement over a new car get the better of me and glossed over a potentially serious red flag.
The day I signed the purchase contract, the vehicle could not be test driven because the dealership was fixing an exhaust bolt, they said it would be very simple and I could take delivery of the car very soon. I had already test driven many identical brand new models so agreed to sign the purchase contract and await delivery a couple days while they waited for the part to arrive to complete the simple repair.
Two days later when delivery was originally planned, they called and said change of plans we now have to wait for a VW representative engineer to travel to the dealership because they wanted to be extra careful since it was such a new 2015 model but promised it was still a very simple and easy repair. They provided me with a loaner car because of the delay and I still paid cash in full for the vehicle on that date as I had promised them originally.
A few days later they call to tell me that the repair is completed, VW engineer certified the fix, and I can come get the car. I push them at this point for details on what was so seriously wrong that required an additional 5 days of service and official manufacturer involvement. I learn that there was never an exhaust problem, during these few days they have removed the transmission and completed a serious and involved repair. I was very upset, but eventually agreed to take delivery of the car when they offered a small extended warranty. This brings me to my first question...
Q. Did the dealership commit fraud or anything by misleading me about the problem with the car? By removing the transmission when I had authorized the "exhaust repair" did they make me sign the purchase contract under false terms? I certainly feel that way, but I know it depends on the law.
Less than 1000 miles later the vehicle begins making a very alarming squeaking/rubbing sound that requires a visit to a different dealer service department and renders it undriveable. This service team finds that the original dealership left the entire engine/transmission subframe loose and it was moving around, allowing the whole engine and transmission to shift on acceleration and turning in the engine bay. Critical suspension components also depend on this subframe being solidly attached to the car. This new dealership repairs the car and attaches everything solidly. However, the steering was out of alignment when I dropped the car off and it was returned still like that despite my request to specifically repair that. This is noted right on the service invoice, that I reported the problem and that they returned it with no attempt to fix the steering alignment because of "waiting for authorization".
Total days spent in service: 13 (out of 29 days total owned as of today)
Q. Does the fact that this shoddy repair left my car in an unsafe state help qualify for lemon law? I have expressed to the manufacturer that I don't feel comfortable or safe with this vehicle, and they have told me to pound sand and denied my buy back/replacement request.
Q. What can I do about the steering alignment which is still not repaired? I dropped the car off for service on Sept 12th and reported this steering problem, but no attempt was made to fix it then and I am still being told to wait for authorization to get it fixed! Can I count all of the days since I dropped it off and requested repair against them for lemon law?
Much thanks to anyone who has taken the time to read my long-winded post and offer whatever advice or experience you have. I am considering starting arbitration with the BBB which VW does participate in, but I'm also aware I don't quite meet some of the numbers for typical lemon law yet.
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