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Old 06-18-2018, 05:53 AM
 
2,775 posts, read 3,773,787 times
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I’m not sure if this is the appropriate area to post my question. I was going back and forth between here and the Personal Finance areas. Anyway, on to my question. Mods, move it if you need to.

I purchased a 2016 Hyundai Sonata Hybrid in July of ‘16. The car is great! Fun to drive with nearly 200hp and I average in between 50-60mpg on good days. Bad days are around 45-50mpg. Last year it developed a noise upon initial startup. It was like a high pitched whining noise. I brought it to the dealership, this was late 2017. The dealership had it for a week and said they couldn’t find the issue. Fast forward to March, my car developed another engine noise. This one was a rattling noise coming from the engine. I brought it in May 23rd. This coming Wednesday, June 20, the car will had been at the dealership for a month. Hyundai corporate is telling me they are replacing the engine because while they can hear both noises, they can’t fix it. Luckily for me the dealership gave me a loaner car to use. I appreciate the loaner car, but I miss MY car. I have a family vacation coming up next week. A road trip to San Diego. I intended on driving my car, but I’m not confident that the dealership will have it done in time. Which is a bummer. I could take the loaner car, but it’s smaller and gets lower gas mileage. Plus, I WANT MY DANG CAR BACK!

I had a consultation with a consumer law attorney last week. I was advised that I could take advantage of the lemon law (dealer buyback) or request a cash compensation from Hyundai. I’m only interested in getting Hyundai to cover last months car payment. The attorney also said that if I was to hire him, we would go after attorney fees (which are 100% recoverable in this case) and one of the two options above. Should I just contact Hyundai and request them refund me the amount I paid for last months payment?
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Old 06-18-2018, 05:59 AM
KCZ
 
4,690 posts, read 3,704,104 times
Reputation: 13342
Quote:
Originally Posted by jaredC View Post
...I had a consultation with a consumer law attorney last week. I was advised that I could take advantage of the lemon law (dealer buyback) or request a cash compensation from Hyundai. I’m only interested in getting Hyundai to cover last months car payment. The attorney also said that if I was to hire him, we would go after attorney fees (which are 100% recoverable in this case) and one of the two options above. Should I just contact Hyundai and request them refund me the amount I paid for last months payment?

Why would you only want last month's car payment when you don't have your car? Either go for the buyback now and then get a car you want, or wait until you get your car back and then go after your monthly car payments, because it looks like you'll be out more than one. Giving up your rights now to a dealer buyback puts you at the mercy of the dealership and waiting until they fix your car at their convenience.
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Old 06-18-2018, 06:10 AM
 
Location: Boston
20,213 posts, read 9,125,717 times
Reputation: 18943
Move forward with the attorney.
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Old 06-18-2018, 06:11 AM
 
11,557 posts, read 53,292,171 times
Reputation: 16355
everything depends upon the automotive consumer products laws of the state you reside in as the consumer laws vary so widely on these matters.

your lawyer is the lead person in advising you what your specific options are at this time. Be aware that just because your state laws may allow for your reasonable legal costs to be repaid, that doesn't mean that a court will award them.

from my perspective, Hyundai has already set up pretty reasonable accommodation/compensation for you in two ways: 1) they're replacing the engine, and 2) they're providing you with a loaner car.

That the loaner car isn't an identical model to your car so you're not getting the exact same use and value of the car is on the order of splitting hairs about your loss of use of your car. Compared to most posters with unresolved issues with a motor vehicle on these forums, I'd say you're getting much better treatment than a lot of folk with a problematic car.
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Old 06-18-2018, 06:17 AM
 
2,775 posts, read 3,773,787 times
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Quote:
Originally Posted by sunsprit View Post
everything depends upon the automotive consumer products laws of the state you reside in as the consumer laws vary so widely on these matters.

your lawyer is the lead person in advising you what your specific options are at this time. Be aware that just because your state laws may allow for your reasonable legal costs to be repaid, that doesn't mean that a court will award them.

from my perspective, Hyundai has already set up pretty reasonable accommodation/compensation for you in two ways: 1) they're replacing the engine, and 2) they're providing you with a loaner car.

That the loaner car isn't an identical model to your car so you're not getting the exact same use and value of the car is on the order of splitting hairs about your loss of use of your car. Compared to most posters with unresolved issues with a motor vehicle on these forums, I'd say you're getting much better treatment than a lot of folk with a problematic car.
Yes, you are right. I really don’t want to hire an attorney either. The whole process just seems stressful and I’d rather avoid it.
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Old 06-18-2018, 06:19 AM
 
2,775 posts, read 3,773,787 times
Reputation: 2383
Quote:
Originally Posted by KCZ View Post
Why would you only want last month's car payment when you don't have your car? Either go for the buyback now and then get a car you want, or wait until you get your car back and then go after your monthly car payments, because it looks like you'll be out more than one. Giving up your rights now to a dealer buyback puts you at the mercy of the dealership and waiting until they fix your car at their convenience.
I’m not looking to start a legal war with Hyundai. I just want one months compensation for being out of my vehicle. But as another poster suggested, I should just be content with the remedies Hyundai is giving me now.
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Old 06-18-2018, 06:22 AM
 
Location: Greensboro, NC
5,922 posts, read 6,498,599 times
Reputation: 4034
Quote:
Originally Posted by jaredC View Post
I’m not sure if this is the appropriate area to post my question. I was going back and forth between here and the Personal Finance areas. Anyway, on to my question. Mods, move it if you need to.

I purchased a 2016 Hyundai Sonata Hybrid in July of ‘16. The car is great! Fun to drive with nearly 200hp and I average in between 50-60mpg on good days. Bad days are around 45-50mpg. Last year it developed a noise upon initial startup. It was like a high pitched whining noise. I brought it to the dealership, this was late 2017. The dealership had it for a week and said they couldn’t find the issue. Fast forward to March, my car developed another engine noise. This one was a rattling noise coming from the engine. I brought it in May 23rd. This coming Wednesday, June 20, the car will had been at the dealership for a month. Hyundai corporate is telling me they are replacing the engine because while they can hear both noises, they can’t fix it. Luckily for me the dealership gave me a loaner car to use. I appreciate the loaner car, but I miss MY car. I have a family vacation coming up next week. A road trip to San Diego. I intended on driving my car, but I’m not confident that the dealership will have it done in time. Which is a bummer. I could take the loaner car, but it’s smaller and gets lower gas mileage. Plus, I WANT MY DANG CAR BACK!

I had a consultation with a consumer law attorney last week. I was advised that I could take advantage of the lemon law (dealer buyback) or request a cash compensation from Hyundai. I’m only interested in getting Hyundai to cover last months car payment. The attorney also said that if I was to hire him, we would go after attorney fees (which are 100% recoverable in this case) and one of the two options above. Should I just contact Hyundai and request them refund me the amount I paid for last months payment?
I would take advantage of the lemon law and get another car. If your getting rattling or knocking sounds coming from the engine, that is not good news.
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Old 06-18-2018, 06:36 AM
 
2,775 posts, read 3,773,787 times
Reputation: 2383
Quote:
Originally Posted by skinsguy37 View Post
I would take advantage of the lemon law and get another car. If your getting rattling or knocking sounds coming from the engine, that is not good news.
I don’t know. My credit isn’t all that great right now. I currently have a 2% APR with my current car. Trying to get another one right now would leave me in a pretty bad APR percentage. That’s why I’m not too interested in a dealer buyback.
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Old 06-18-2018, 06:54 AM
 
Location: Cape Cod
24,637 posts, read 17,375,530 times
Reputation: 35967
Well if they are willing to replace the engine and they gave you a loaner car while they do that it sounds like you have won already. I'd say take the loaner on that vacation, putting the extra miles on that and when you get back your car might be ready to enjoy again.



I do think they should compensate you for the 1 month of payment that you are making on a car that you do not have.



The only thing that would bother me is if they do replace the engine I'd cross my fingers that they would have their best mechanic do it. You wouldn't want some hack getting at it. I wonder if when the new engine goes in if the warranty for it will start from that date/



Good luck.
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Old 06-18-2018, 07:51 AM
 
Location: Lee County, NC
3,321 posts, read 2,355,581 times
Reputation: 4383
Is the car financed through Hyundai's financing arm or an outside lender?
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