Hi all. I am just wondering if anyone has any experience with filing a claim using the Oregon's lemon law? I have a 2015 F250 SD which has something wrong with the transfer case. Truck was in the shop 1.5 months ago for a week and they could not repair it. I took the truck home as I needed it for some camping trips, did not need the 4WD, so transfer case was a non-issue.
I took the truck back two weeks ago to see if it could be repaired. Talked to the service department yesterday and they are going to replace the entire transfer case. However...transfer case is on National Backorder. Dealer has no idea when transfer case will be in. Note, I have no issue with dealer, they have been great, given me loaner, kept me updated, etc.
However, if this starts to stretch into months I am going to consider filing a lemon law case.
Here is the quote from the Oregon lemon law document. It looks to me like if the truck has been out of service for more than 30 days in the first two years, for the same issue, that it qualifies. How do you guys read this? Yes, if I actually proceed with this case, I will talk with a lawyer. I just want some other opinions.
Thanks,

Here is the document I was referring too:
For vehicles purchased/leased before September 21, 2009, the Oregon lemon law establishes a presumption that a reasonable number of repair attempts have been undertaken if either of the following events has occurred during the period of one year following the date of the motor vehicle’s original delivery to the consumer or during the period ending when the vehicle mileage reaches 12,000 miles, whichever period ends
first:
1. The same nonconformity has been subject to repair or correction four or more times by the manufacturer or its agent or authorized dealer, but the nonconformity
continues to exist; or
2. The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more business days.

For vehicles purchased/leased on or after September 21, 2009, the presumption is met if either of the following events has occurred during the two-year period following the date of the motor vehicle’s original delivery to the consumer or during the period
ending when the vehicle mileage reaches 24,000 miles, whichever period ends first:
1. The manufacturer, its agent or authorized dealer has subjected the nonconformity to repair or correction three or more times and has had an opportunity to cure the nonconformity, but the nonconformity continues to exist; or
2. The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more calendar days or 60 or more calendar days for a motor home; or
3. The manufacturer, its agent or authorized dealer has subjected a nonconformity that is likely to cause death or serious bodily injury to repair or correction at least one time and has made a final attempt to repair or correct the nonconformity, but the
nonconformity continues to exist.

The one-year/12,000 miles period, two-year/24,000 miles period, and the 30-day period are extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster.

 

I have no experience with lemon law, but I would consider taking it to another Ford Dealer to get a 2nd opinion. From stories I have read on here, dealers greatly vary on service and satisfaction. You may be very satisified with your dealer, but there may be a different dealer with a mechanic with more knowledge on the issue that wouldn't require the case to be replaced.

 

Where in Oregon are you?

It would probably be easier to just find another dealer then do the lemon law deal...

 

Transfer case on nationwide backorder?

Call another dealership. The first one is blowing smoke up your skirt.

 

I live in Vancouver, you may want to look at these guys if you are within a few hours of Portland.: Portland Ford Trucks | Vancouver Truck Dealer | Van, SUV, Fleet Oregon they are a fleet dealer and probably get parts quickly.

 

I'm in PA, but our lemon law is similar. I have only ever had one car that qualified. Ford took too long to help our techs determine what all needed replaced on a transmission (and our guys can't just rebuild the thing without Fords OKAY).

The lemon law process takes some time legally. Ford generally doesn't want that to happen. I actually didn't even have to get my Ford reps involved, myself and the General Manager put together a trade in deal for the customer that left everyone happy. If we couldn't have put it together then we'd have to see if Ford would help resolve it. I've never gone to that levels to IDK what might happen.

I would take the leverage and see what they can put together for you. On the balance sheet it might seem you're losing a little, but "going to see a lawyer" isn't free, and the time down waiting isn't free either. It should be an opportunity for the dealer to continue to serve you well and make a good friend with you. Of course without knowing all the details of the transaction, it's impossible to know what they can really do, but certainly worth a look.

IDK about the transfer case, it wouldn't hurt to call the parts department directly and ask them. But IMO it wouldn't make sense for them to not want to service your truck and make you happy. Sounds like a pretty profitable warranty repair. Warranty service is the lifeblood of the dealership, not selling trucks to folks who have lemons.

 

lemon laws are a difficult path to navigate. had a new mustang in the shop for 3 1/2 months waitng for a convertable top to be replaced. After 3 1/2 months still not repaired....mustang just sat at the dealership waiting for the top expert. started talking lemon law which needed 90 days of loss use to qualify and the dealership said lemon law does not apply since the frame is bent...cuasing the top problem. FORD could not explain how the frame got bent....if in fact it was bent becuase their was no noticable frame issues and they had no machine to measure frame deflection.......needless to saw...a week later....top was repaired and car was ready. paper work had date of inspection by top expert as the intake day and only showed less than 10 days total service down time. FORD tired to tell me I could have taken the car home at anytime to continue to use it while I was waitng for the top expert......and that they were doing me a favor by letting me park there with out charging me storage fees.

got to love these guys.

 

When I had my '15 F350 DRW 6.7L PSD, I had a similar experience, but different components! When they said parts were on Nat'l backorder I went thru the roof!!!
ButI used my anger to my advantage, and leveraged a pretty damn good deal for a '16........no more problems!!!!
My '15 did have 20,000 miles on it, and I ended up with a truck that had 0. Miles on it!!!
😎😎😎😎 And have not looked back!!!!
Good luck in whatever you do!!!!

 

speaking from NJ point of view,, if your vehicle qualifies for a lemon law action, it's very easy. no need for a lawyer. Most states, including NJ, spell out exactly what needs to be done, most manufacturers use a company out of Texas to process their lemon law buy backs.

Basically, that is what is done under the lemon law, they will buy the vehicle back from you, including any items you added to the vehicle, cap, trailer hitch, lights etc. as long as you have the receipts, including whatever sales tax you may have paid.

there is usually a mileage formula that is deducted from the amount they offer to pay you, then you get a check and are free to do whatever you want with the cash.

If you don't like your truck it's a way to get rid of it. If you really like your truck, just unhappy with this specific situation, speak with the dealer management, call ford head quarters, they may be able to locate the part needed for you, they may offer you some other incentive for your troubles, such as free oil and lube, free extended service contract or something that makes you happy !

without violating a non disclosure agreement all i can say is mine was a safety issue so i kinda had to go thru with the lemon law process, but no lawyers needed, took a few weeks, they expedited the new vehicle I ordered, and because it was considered a safety issue they provided me with a vehicle while i awaited a new vehicle.

 

P.S. the mileage figure, at least in NJ, is based on the first time you bring the vehicle in for a repair, so that's one of the reasons I always suggest to people get your vehicle to the dealer ASAP and get that first repair or attempt to repair documented.

 

Thanks for all the input guys. Still hoping to hear some kind of ETA from Ford on this soon.

 

Well, the new transfer case for my pickup came in on Friday, dealer had it installed by Monday morning.
I am not too happy with Ford regarding the backorder and lack of ETA, but quite happy with the dealership. (Wilson Ford in Corvallis, OR).
Anyway, I have my truck back!

 

Back orders are common for all auto manufactures. Just because your transfer case goes out they still have hundreds of guys in the factory that have to keep working. They cant just stop production to give you a part because it's just you. Ford did give you a car to drive while your truck was in the shop. Ford had to stop production for 2008 GT 500's because they couldn't get a radio for the cars. So it happens. Ford did make you whole and your truck is fixed at no cost to you so don't hold a grudge against Ford. It would be different if they made these parts in house but they are at the mercy of the guy they get thee parts from. So it's not really Ford's fault. Hope you are happy with your truck now.