Lemon Law on new vehicle?

[hooked82]

What is the name of your state? Washington

Quick Info:
Back in October 2005 I purchased a brand new 2006 Chevy Colorado. Since then, it has been in the shop for brake issues at least 10 times, many parts have been replaced, and the issue still persists.

Detailed Info:
I have bad brake issues, where when braking, the vehicle will surge. This can be very bad when in traffic as the braking isn't consistent and can "let off" making me slam the brakes when getting too close to the vehicle in front of me. The dealers have replaced many parts since I have gotten this including, drums(twice), rotors, pads, parking brake cable, vacuum booster, abs module, etc.
When any work has been done, the issue will go away for a few days and then it comes back.
When the brakes get wet, especially when I launch my boat and park it, the brakes will squeal and will lock up after sitting for a while. I have video of this and can prove this is the case.

This has all been happening since around 8000 miles and I am now at 44,000 miles. GM has extended my warranty on my brakes to 72,000 miles as I have complained many times. Also if it makes a difference, there is an extensive list of other things that have gone wrong on the vehicle.

From the information provided, do I have a case for a lemon law? I'm getting very tired of having to take time out of my day once or twice a month to take the vehicle in to service, as I bought a new vehicle so I didn't have to deal with this.

 

[hooked82]

Also, to add, one dealership stated to me that they were able to repro the issue, but could not find the problem and could do nothing about it. This dealership has pretty much refused to do work on this issue.

 

[msiron]

2.8 or 3.5? Do you have a crew cab, extended cab, or regular cab? Hauling capacity is only 1489lbs., 1654lbs., and 1733lbs., respectively. What size boat are you hauling? Should you have electric brakes?

I believe you would only qualify for the LL under the original 3/36k, and not under any extended warranty.

Even if you did qualify you will not recoup what you paid for the vehicle, it will be depreciated by age ( 2.6 years old or what ever the exact age is) and every mile you put on the truck, per a percentage, for example: .19 cents x 44,000 miles = $8,360 deducted on-top of the depreciation.

It makes more dollar sense to trade it in.

 

[msiron]

here is the Washington state info.

Eligibility: 4 unsuccessful repairs, 30 calendar days out of service (15 during warranty period), or 2 repairs of serious safety defects, first reported within shorter of warranty or 24 months or 24,000 miles.

One repair attempt + 15 of the 30 days must fall within manufacturer's express warranty of at least 1 year of 12,000 miles.

Resolution Attempt: Written notice to manufacturer.

State-run arbitration mechanism available. Law specifically applies to leased vehicles.

 

[las365]

Here is the Washington State Attorney General's webpage for lemon law: http://www.atg.wa.gov/LemonLaw/General.aspx

I would not just trade this vehicle in if I were you, unless you obtain a disclosure notice signed by the buyer in which you describe the entire service record and the ongoing brake problem. This sounds like a dangerous problem and this sounds like a vehicle that really should not be on the road.

 

[hooked82]

msiron - it is the 3.5l, extended cab, and the boat is within the towing limit so that won't pose a problem.

Also, the extended warranty is a GM factory warranty as it was added to my vehicle by GM and isn't a seperately purchased warranty.

So even though I've had this problem since day one, and the delaerships have yet to be able to fix this, i will still be subject to the deprecation?

This is a safety concern as an effect of the brakes, I've almost hit people due to the brake surging, I've also almost ended up in the middle of the lake when trying to get my boat on the trailer as the brakes were failing and locking up, and more.

BTW, thanks for everybodies responses thusfar.

 

[las365]

You should not be deprecated! Deprecation, depreciation, whatever. Heh.

You are subject to the provisions of your state's law. It's a good idea to consult with an attorney to find out everything you can claim as damages. Google your state's name and "lemon law attorney" and you'll see links to some attorneys that handle this type of case. That's one way to start.

 

[msiron]

You must have your RO's to see what they have done to the truck. I can access the GM system directly right now using your vin and pull up your Repair History to get a look at what EXACTLY they have done to your truck and make a suggestion for possible fixes from there. If you feel comfortable you can PM your vin otherwise find someone who can access GM's system.

This accessed info will include the dealer you purchased from and the complete 'work history' performed to date on the truck.
------------------------------------
Also, did they check for bulletins or 'prelims' on your year/model? Most techs don't even know how to access preliminaries.
------------------------------------
Sometimes what appears to be one problem may in fact be something totally different. EX: Brake lock up that could in fact be a 'steering sensor' and you need a very good tech to find the problem.
------------------------------------
That is great they extended the brake warranty for you but as far as a buy back and I have seen a number of them over 30 years, you will NOT get back what you paid for the vehicle, not even close. You may not have to pay depreciation but you will pay the 'per cents', per mile you drove the truck.

 

[msiron]

as a footnote so you know the prelims are not the same as public bulletins, they are hidden in GM's system so ever Tom and Jane doesn't come running in saying they have whatever the problem is. It would be cost prohibitive for GM to allow anyone other than employees to access this information.

I will check for any on your vehicles right now that could be related to your problem. Hold on BRB.

 

[msiron]

Here is an example of a 2007 Colorado PRELIM. I am still seaching for your year truck.
----------------
This information applies to 2007 Chevrolet Colorado, GMC Canyonand HUMMER H3 built before VIN breakpoint 78231039.

Some customers may comment that the vehicle appears to lean on one side. In most cases, the left front of the vehicle sits lower than the right front.

The rear leaf spring bushings or shackles may become loaded when the rear leaf spring shackle nuts are secured.

 

[msiron]

Here are all the prelims on your year/model
--------------------------------
#PIT3521E ABS Light On DTC C0055 C0235 C0236 Or C0237 Stored In The EBCM - keywords brake lamp light sensor speedometer VSS - (Jun 27, 2007)

#PIT3460J ABS Light On With EBCM DTCs C0035 C0040 C0220 And/Or C0221 - keywords ABS brake indicator light sensor speed wheel - (Feb 16, 2007)

#PIT3567G Premature Rear Drum Brake Wear - keywords cable shoe stop - (Mar 17, 2006)

#PIT3477 Tech 2 Displays Asterisk for the Left Front Wheel Speed Sensor - keywords ABS brake code DTC WSS - (Mar 8, 2005)

#PIT3338A 2004-2005 Chevrolet Colorado and GMC Canyon Multiple Electrical Concerns, IPC Indicators Illuminate Possible No Start - keywords blower relay HVAC inoperative ignition on off fan SIR wiper - (Mar 8, 2005)

#PIT3224 04-05 Chevrolet Colorado and GMC Canyon Pickup GMT355 Rub or Scrape Noise from Rear Axle Area on Turns - kw drum rub scrape left right brake - (Oct 18, 2004)

#PIT3119 04-05 Chevrolet Colorado and GMC Canyon ABS Brake Valve Bleed Procedure Correction - kw GMT355 hydraulic EBCM code pedal low - (Aug 13, 2004)
--------------------------------
and does your truck throw a code when you have problems, if so what it the code? As I stated in order to see exactly what they have done to your truck I can only access that info via the vin.

 

[hooked82]

Wow, thank you for looking at all of that for me. A few of those that you have posted, I have already had looked at, including the ABS light on, as well as the premature rear drum wear(which has already been replaced twice).

As per your advice, I may not pursue this too much, though I will probably contact a Lemon Law Lawyer to see what happens. I appreciate all your help on this issue, and I will bring up a couple of the other prelims with my dealership to see what they say.

Also if anybody else has any further advice, I would love to hear it. Thanks!

 

[naty1115]

Washington Lemon Law

You have 30 months from your warranty start date to file a claim if your vehicle is eligible.

If with in 2 years or 24,000 miles your vehicle falls with in the following criteria you may be eligible

1.) There has been two or more diagnoses or repair attempts to serious safety defect, at least one during the 2/24
2.) Four or more repair attempts, at least once during the 2/24
3.) Our of service for 30 calendar days, at least 15 days during the warranty

You can also contact the BBB auto line which is free to you, and they would attempt to arbitrate between yourself and Chevrolet. That is what I would recommend.

Katy