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Do we have a CT Lemon Law case yet, or do we need to keep making attempts?

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rytood2

New member
Hi -

We have a 2019 Subaru Ascent, just under 9500 miles, with what seems to be a failing transmission. The issue has been intermittent. Maybe twice a week for 20-30 seconds there is a jump in the RPMS with an associated squealing noise, followed by a drop back to normal with a shuddering if the vehicle. The rest of the time the vehicle operates as normal.

We have brought this issue to the dealership twice now. The first time they road tested it once, could not replicate the issue, and applied a software patch that they said was associated with our complaint. The second time it was kept for two days and road tested a handful of times, but again they could not replicate the issue. Because of the intermittent nature, we were not surprised. As we left the second visit the squealing occurred, so we returned and a tech went for a road test with my wife driving, but it did not repeat.

At this point we were asked to try and catch the event on video, which we have since been able to do and delivered the video to the dealership. They still insist that they cannot do anything without themselves replicating the issue.

Meanwhile, the problem seems to be getting progressively worse. Each time is happens the squealing is a little louder and the shuddering a little more forceful.

So... My question is, have we done our due diligence? We have made two attempts, recorded the event for them, and still nothing can be done because they can't replicate the issue. My reading says that for serious defects, a lemon law claim only requires two "reasonable attempts" to be made on their part. I'd assume that a failing transmission is a serious defect. Would these visits count as reasonable attempts?

As an addendum... A Google search for our problem has shown us that a few dozen others have experienced this same issue and gone through a similar fight, all ending with a replacement transmission from Subaru. The common thread is a build month the same as ours. And a recent article we found specifically identified the failing transmissions of the Ascents as an issue they hope to resolve before their 2020 rollout. I have, of course, printed out copies of all of these.

Are we good to go for a lemon law claim? Do we need to let them make another attempt?

Thanks for reading and any advice!
 


LdiJ

Senior Member
If the dealer is not aware of these other cases you have found, then it might be practical to print out copies of the articles and present them to the dealer.
 

HighwayMan

Super Secret Senior Member
You can also try another dealer that may be more familiar with the problem.

If it's getting worse then it should be getting easier for service people to experience it for themselves.
 
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