986 Forum - The Community for Porsche Boxster & Cayman Owners - View Single Post - Anyone ever had any luck with California Lemon Law?

myeboxsters · 07-06-2006, 06:35 PM

Okay,

I'll chime in on this one...my first post on this forum since buying my 2001 Boxster S two weeks ago.

I'm an attorney (CA and NV) who does a lot of Lemon Law -- but on the defense side. Don't work for Porsche -- yet. Toyota and Lexus primarily.

There's two main parts to any Lemon Law claim -- assuming you are within your warranty period. First, is there a defect or nonconformity, covered by the warranty, which the manufacturer can't fix? Second, does that defect or nonconformity "substantially impair" the vehicle's use, value or safety. The stuff about 4 or more service visits,or 30 days out of service, is merely a burden shifting mechanism. If you qualify, then there is a "presumption" of nonconformity and the burden at trial shifts to the manufacturer to prove there's no defect which substantially impairs use, value or safety. Getting the benefit of the presumption can be a big bargaining tool for the consumer.

However, to qualify for the presumption you sometimes must do more than simply have the requisite number or service visits or days out of service. You must also give written notice to the manufacturer within the time frame specified. Also,if the manufacturer maintains a qualified, third-party dispute resolution program then you must go through that before you file suit or you can't use the presumtion. Toyota maintains such a program...I don't know if Porsche does. (My car was out of warranty when I got it...so I never looked it up.)

that having been said, the only real advice I'm in a position to give is that you should speak with a Lemon Law plaintiffs' attorney (I might be able to give you a reference if you sent me a pm). My initial thought, however, is that having some radio glitches in a new Porsche doesn't have a lot of jury appeal. (Keep in mind, I'm a defense lawyer.) Isn't the exhaust note supposed to be the "music" for this car? I have yet to see a "bad radio" case get filed on a toyota or lexus.) I'd get the manufacturer involved and work with them and your dealer on a fix. (Will they pay for a good quality aftermarket stereo?)

Good luck!

07-06-2006, 06:35 PM	#7
myeboxsters Registered User Join Date: Jun 2006 Location: Huntington Beach CA Posts: 21	Okay, I'll chime in on this one...my first post on this forum since buying my 2001 Boxster S two weeks ago. I'm an attorney (CA and NV) who does a lot of Lemon Law -- but on the defense side. Don't work for Porsche -- yet. Toyota and Lexus primarily. There's two main parts to any Lemon Law claim -- assuming you are within your warranty period. First, is there a defect or nonconformity, covered by the warranty, which the manufacturer can't fix? Second, does that defect or nonconformity "substantially impair" the vehicle's use, value or safety. The stuff about 4 or more service visits,or 30 days out of service, is merely a burden shifting mechanism. If you qualify, then there is a "presumption" of nonconformity and the burden at trial shifts to the manufacturer to prove there's no defect which substantially impairs use, value or safety. Getting the benefit of the presumption can be a big bargaining tool for the consumer. However, to qualify for the presumption you sometimes must do more than simply have the requisite number or service visits or days out of service. You must also give written notice to the manufacturer within the time frame specified. Also,if the manufacturer maintains a qualified, third-party dispute resolution program then you must go through that before you file suit or you can't use the presumtion. Toyota maintains such a program...I don't know if Porsche does. (My car was out of warranty when I got it...so I never looked it up.) that having been said, the only real advice I'm in a position to give is that you should speak with a Lemon Law plaintiffs' attorney (I might be able to give you a reference if you sent me a pm). My initial thought, however, is that having some radio glitches in a new Porsche doesn't have a lot of jury appeal. (Keep in mind, I'm a defense lawyer.) Isn't the exhaust note supposed to be the "music" for this car? I have yet to see a "bad radio" case get filed on a toyota or lexus.) I'd get the manufacturer involved and work with them and your dealer on a fix. (Will they pay for a good quality aftermarket stereo?) Good luck!