Anyone ever had any luck with California Lemon Law?

[eslai]

Originally Posted by 99Boxster

I'm an attorney in KS and MO, so I haven't dealt with CA's lemon law but I doubt that you will get a new car out of the deal. If you start pushing for a new car, then I'd be afraid that you would merely discount your original claim. Most lemon laws, however, have provisions that provide for attorneys' fees which make consumer claims much easier to make and have more teeth.

Professionally, what do you think would be a likely outcome then? The thing is, it's not just the radio that's a problem--since they've already replaced the faulty unit four times, one could say that they haven't proven that it's actually a fault of the radio. It could be electrical. Would they try to rip out the whole harness and replace it? That's not exactly cheap.

I have no faith that Porsche even knows what the problem is or has any way to solve it, and I don't think it should be the consumer's responsibility to deal with it or be party to their investigation.

They've had a reasonable number of attempts to try to solve the problem and they haven't been able to.

I can see a number of outcomes from arbitration:

1. They refund me a small amount of money.
2. They replace the unit with the nav system unit in hopes that that cures the problem.
3. They replace the car.

[99Boxster]

Not to sound like a lawyer, but I'd need to know more about it to really properly assess the situation. I'd be more than happy to help you out, but we probably should chat offline or through email. I am a trial attorney, and a big part of my job is to develop creative solutions. I agree with your outcomes, but I see several others, which includes some bad outcomes for you.

[myeboxsters]

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!

[99-Boxster-MK]

I would be pissed of if I had to keep bringing the car to the shop, but getting a car replaced because of a bad radio just doesn't seem propotional..

Perhaps getting them to give you the nav package sounds much more balanced.. and I am sure if you make enough noise they will give it to you, just to go away

Good luck
Mike

[Brucelee]

In CA, cars have been returned under the Lemon Law for rattles.

I say, go for it@
!

Keep us posted.

[mach schnell]

eslai - i looked (albeit, briefly) into the CA lemon law before parting with my 987. some things i gleaned from my very quick survey. if i remember correctly, you can file and prosecute a lemon law claim with minimal to no out of pocket expense. i don't recall reading anything that suggested lemon = car doesn't start or brakes fail when applied (only). lemon suggests that the function of the car and all parts and systems associated with that car fail to operate as planned and further have failed to be properly serviced or replaced and restored to proper and new functioning status within a reasonable amount of attempts. of course, no one buys a porsche because of it's radio, but porsche endeavors to put a certain radio in their car that is consistent with the standards of the rest of the car (at least you'd think that is their motivation). as such, the consumer expects that in purchasing a new car that offers a warranty over all systems and parts (including such trivial things as a radio in a high performance german sports cabriolet), the functioning of said device would be infallible. porsche obviously agrees with that expectation since they sold the car with the device and allowed it coverage under warranty (which you have faithfully and persistently utilized.)

lastly, (and i'm loose on this), a claim that is awarded to the plaintiff renders the defendent responsible for either replacing the vehicle with a similar condition, similar value vehicle or replacing the value of the vehicle (your down payment, your payoff, etc).

i think, if you are willing to play out the length of something, it's in your best interest to pursue this. the radio problem is not unique to your car, but perhaps the fact that it continues to happen despite repetitive repairs/replacments is unique. in other words, it may be a red herring for a greater problem slowly brewing with your vehicle (the proverbial money pit) that slowly rears it's ugly head causing you continued headache, lost wages and time and potentially, greater depreciation in the value of your car.

good luck, whatever you decide to do!

Originally Posted by eslai

It could be electrical. Would they try to rip out the whole harness and replace it? That's not exactly cheap.

Eslai, in reference to your wire harness, read this:

http://www.renntech.org/forums/index.php?showtopic=10014