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Help, Thoughts On Possible Outcome????

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Old Dec 13, 2005 | 11:34 PM
  #1  
clouden's Avatar
clouden
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From: tennessee
Help, Thoughts On Possible Outcome????

Truck: 2004, F-350, cc, xlt, drw, lwb, 6.0, auto, 4:10, 4x4
Build date: Engine-12/15/2003 Truck-12/2003
Mods: ARE air filter, muffler,cat delete
Mileage: current 47000 1st logged problem 11750
Purchased: USED WITH 4700 MILES on 12/13/2004

Days in shop (less than year) today makes 25
Problems repaired in shop: 19
Other problems addressed but not repaired: 11

Problems include (but not limited to) rear main oil leak (2x), 4x4 motor, hubs, tranny shift, tranny NOT shift, rear end "hop" when pulling GN trailer (not fixed), blown head gaskets and coolant leak (only when pulling GN trailer), 4x4 not disengaging, EGR....., surging, stalling, front and rear pinion seal, exhaust fumes in cab, reflash @600000 times, suspension lean from factory (not fixed), fan clutch sensor, EP sensor, parking brake lever sticking, recall, recall, recall, cac tubes,

Some problems have been repaired, although it may have taken at least two trips to do so, others recieve the good old "operating per design" because they cant be duplicated.....I can not get my 44' GN trailer into their parking lot, or garage!!!!

On Monday 12/12 I filed for buyback, rep suposed to call in next few days. Due to poor service(before filing), I changed dealerships. Sales manager said yes, youve got a pretty severe case, file. Service Mgr. not so agreeable. Says no you'll never get it, you need a lawyer, you bought it used, da.da.da.da. I called the 800 number. After @20 mins. wait (they must want you to hang up) I spoke with a person who filed my claim. He was VERY nice and sympathetic. He too said my case was severe and a buyback sounded very likely and much faster than an arbitration arrangement.


Any advice, thoughts, goods, bads, or help would be GREATLY appreciated.

This IS my 5th Super Duty, 4 of which were the trusty ole' 7.3's. They ran awesome providing me with at least 150k miles before E4OD's dropped. Waited for the TORQUESHIFT to get another AUTO, didnt even consider the reliability of the engine.
 
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Old Dec 14, 2005 | 12:09 AM
  #2  
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KRDiesel
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From: Farmington NM
Wow that is alot of problems!!

What state are you in? If you are in Cali you will have no problem, But I can see ford coming back saying that your mods are causing the problems.


ooh I just noticed something, you bought it used??? I did not think the lemon law covered used trucks.
 
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Old Dec 14, 2005 | 12:20 AM
  #3  
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clouden
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From: tennessee
www.lemonlaw.bbb.org


STANDARDS OF THE TENNESSEE LEMON LAW
The following is an brief explanation of most relevant provisions of the Tennessee lemon law.
The complete text of the lemon law can be found at Tenn. Code Ann. 55-24-201 through 55-24-
212.
VEHICLES COVERED BY THE TENNESSEE LEMON LAW
The Tennessee lemon law covers a passenger motor vehicle that is sold in Tennessee and subject
to registration and title in Tennessee or any other state.
The Tennessee lemon law does not cover motor homes used as a dwelling place, living abode or
sleeping place; garden tractors; recreational vehicles or off-road vehicles; and vehicles over
10,000 pounds gross vehicle weight.
CONSUMERS COVERED BY THE TENNESSEE LEMON LAW
The Tennessee lemon law covers the following “consumers”:
1. The purchaser (other than for purposes of resale) or the lessee of a motor vehicle;
2. Any person to whom the motor vehicle is transferred during the duration of an express
warranty for that vehicle; and
3. Any other person entitled by the terms of the warranty to enforce its obligations.
The lemon law covers a subsequent transferee, but does not cover any governmental entity or
any business or commercial entity that registers three or more vehicles.
PROBLEMS COVERED BY THE TENNESSEE LEMON LAW
The Tennessee lemon law covers any nonconformity to the warranty, defect or condition that
substantially impairs the motor vehicle. This is referred to as a nonconformity.
“Substantially impair” is defined to mean to render a vehicle unreliable or unsafe for normal
operation or to reduce its resale market value below the average resale value for comparable
vehicles.
It is an affirmative defense if the manufacturer can show that the alleged nonconformity does not
substantially impair the motor vehicle, or the nonconformity is the result of abuse, neglect or
unauthorized modifications or alterations of the vehicle by a consumer.
TERM OF PROTECTION
The Tennessee lemon law defines “term of protection” to mean the term of applicable express
warranties or the period of one year following the date of the motor vehicle’s original delivery to
a consumer, whichever comes first.
 
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Old Dec 14, 2005 | 09:04 AM
  #4  
kw5413's Avatar
kw5413
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Joined: Apr 2004
Posts: 19,098
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From: Great State of Texas
Reread this:

TERM OF PROTECTION
The Tennessee lemon law defines “term of protection” to mean the term of applicable express warranties or the period of one year following the date of the motor vehicle’s original delivery to a consumer, whichever comes first.


Since your used purchase date is 12/13/04 it is obvious that the original delivery date is prior to that. Thereby exceeding the TN Lemon Law window of opportunity. My interpretation anyway and I certainly am not a legal scholar by any stretch of the imagination.

Good luck.
 
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Old Dec 14, 2005 | 09:46 AM
  #5  
EnviroCon's Avatar
EnviroCon
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Joined: Jun 2004
Posts: 2,646
Likes: 1
From: Milky Way Galaxy
Keith brings up a good point on the intricacy of the law. We may make fun of them, but this might be a situation where you would want to contact a TN lemon law attorney. If the TN lemon law statue allows for the recovery of attorney fee's, a lawyer worth using won't charge you anything for the initial consultation to determine if you have a case or not. And if they believe you do, they won't charge you to take the case. The law can be a tricky thing to interpret for us everyday folk. I would start the search with the TN bar association, or a reference from someone you know.
 
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Old Dec 14, 2005 | 05:30 PM
  #6  
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clouden
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From: tennessee
Thanks; whether I agree/disagree like/dislike what youve mentioned doesnt matter since I asked for input. I did read this section, but did not lean towards a decision like yours...we will see what happens.

Just picked the truck up again. Service Managers' disposition was much better. Out of the 11 concerns/problems I had, they repaired 1. The others were "un duplicated" . Understandable, guess we'll have to take the trailer over there, block traffic and take'em for a ride..

Ford rep contacted me today. Surprisingly nice lady. Acted truely sympathetic,(could just be good at her job!!) she said that I have had too many problems, and she would look into it, first priority was to try to fix everything though.
 

Last edited by clouden; Dec 14, 2005 at 05:31 PM. Reason: spelling
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