I need advice..........

[fuscucla1]

What is the name of your state? CA

We got my sister a new CLK back in Oct of 2000. When the car was brought home there were a few minor things (interior part missing, paint on the inside of the door, etc). We took it back and had it taken care of. Then little quirky things kept going wrong, electronic malfuntions (radio, phone, power sindows). I wasn't aware of most of it but my sister just kept taking it into service. Sometimes they found the problem and fixed it sometimes they couldn't reproduce it. Eventually my sister got pissed and wrote a letter to the owner of the dealership. Their response was bring it in and we will take care of you. Car went in for service and the dealer gave a credit for one months payment. The problems have continued in one form or another. Last month the car failed to start after being turned off 5 minutes prior. Sometimes it would start, sometimes it would just crank and never turn over. Took it in for service it was fixed supposedly. Hasnt happenned again, yet.

Last week I was driving it and the thing shut down on me at a red light. Last night it did the same thing to my sister. Now Im scared it might shut off while driving. The car is 3 years old now and has almost 47,000 miles. Obviously the warranty is about to expire and I dont want her stuck paying 5k for an extended just to insure her ass on problems that have been happenning all along.

What kind of options do we have? Can I fight with the dealer for a replacement 3 years into ownership? At the very least I think they should pay up for the extended warranty.

 

[JETX]

Her 3 years and 47K miles put her beyond the protection of the California 'lemon law'.

"The California lemon law establishes a rebuttable presumption that a reasonable number of repair attempts have been made if, within 18 months from delivery to the first retail buyer/lessee or 18,000 miles on the vehicle odometer, whichever comes first, one or more of the following occurs:
1. The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the consumer has at least once directly notified the manufacturer of the need for repair;
2. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the consumer has at least once directly notified the manufacturer of the need for repair; or
3. The vehicle has been out of service more than 30 calendar days (cumulative) since delivery by reason of repair of one or more nonconformities by the manufacturer or its agent (such as an authorized dealer). The 30 day period is extended if repairs cannot be performed due to conditions beyond the control of the manufacturer or agent.

The 30-day limit is extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents.

The consumer is required to directly notify the manufacturer pursuant to paragraphs (1) and (2) only if the manufacturer has clearly and conspicuously disclosed to the consumer, in the warranty or owner’s manual, the provisions of the lemon law and the direct notice requirement."

Ca Civil Code §1793.22 can be found at:
http://caselaw.lp.findlaw.com/cacodes/civ/1792-1795.7.html