My Successful Lemon Law buyback (2009, auto, sedan, mileage)

[Toymeister]

I just completed a manufacturer buy back on my 2009 Sedan and I thought you may be curious how the lemon law works.

Background: I purchased this vehicle new, after 7 – 10 days of sitting the battery would drain enough that get the vehicle wouldn't start; it had some sort of parasitic drain. At 3200 miles I returned it for service, again at 17 510; 17,520; 17,521; and 17,530. It was diagnosed as dead battery cell, nothing wrong, bad battery cell, and bad alternator respectively. At the second service I was irritated that the diagnosis was ‘it was my imagination’ so I started to aggressively document the problem by driving the vehicle home, parking it in a tow ready position, check that all possible sources of battery drain were off (dome light & accessories) and rechecking the vehicle in 10 days to see if it would start. When it would not I would have the dealer tow it back and repeat the process.

By the fourth documented failure I researched the web for lemon law. With this I got a zillion hits on various law firms, which was not really what I wanted. I wanted a car that would work if I had to park it at the airport or not worry about it leaving the wife and kids stranded. I wrote to the manufacture who essentially blew me off. Finally in frustration I returned to the basics, the owner’s manual and all the never looked at books in the glove box. In there you will find the booklet on your warranty rights. It’s a simple process that varies slightly by state, but basically if after 3 repair attempts the vehicle cannot be repaired and the defect sustainably affects the operation or safety of the vehicle you can take them to arbitration.

The process is free and is complete within 40 days. It starts with a simple form where you tell your story. You get assigned a case number and the manufacturer responds. This is where they call you a liar and that you are driving a fixed vehicle. You can respond to the manufactures’ statement, it’s very helpful if you prove that you have not operated the vehicle. Finally, you get an informal hearing usually at the dealership in your area. The dealers service manager and the manufacturer regional rep. You tell your story and they tell theirs. They can inspect the vehicle at that time. In my case since it would not start I told them to view it in my driveway. I t was a statement for me when I arrived at the arbitration hearing on my scooter (motorcycle). They asked me why I didn’t drive and I said the car wouldn’t start. That pretty much set the tone for my hearing. I had pictures of the odometer with a current newspaper and a MapQuest printout of mileage from the dealership to my drive.

You get a ruling from the arbitrator in a few days and you can accept a buy back or take them to a civil court. In my case I won. I received the purchase price less mileage until the problem was first reported. The mileage is based upon the purchase price and the expected life expectancy (Usually 120K miles) plus interest paid on the auto loan and license fees.
In hindsight I won because I repeatedly had the vehicle towed back in and I did not drive the vehicle between repairs.

The vehicle? It was a 2009 Camry. I still own Toyota’s I won’t bash the product, however Toyota could have had the decency to apologize for leaving me vehicle less for the months I fought to have the vehicle repaired. Well at least I drove 17.5K miles for 832.00 which isn’t too bad.

[drjones96]

What service did you return it for at 3200 miles?

Strange that there were no symptoms up until 17500k and all of a sudden it developes a parasitic load.

[caution]

good job. it's a shame you had to go through all that. a good dealer would have helped you out early on.

[Toymeister]

Originally Posted by drjones96

What service did you return it for at 3200 miles?

Strange that there were no symptoms up until 17500k and all of a sudden it developes a parasitic load.

You are mis reading it. I had the problems from day one. I had it first serviced at 3200 for the parasitic drain. Lets face it it is easier to charge up the battery then call the dealer, schedule an appointment, arrange to drop it off, pick it up and so on. Finally it hit me, why an I turning a cheek on this? I have had enough.

If you're implying that I gamed them -and I can't tell from a post- I can tell you this is the same reaction that I had from Toyota. I offered, begged them, to keep the car until they could fix it. They would not. Reason a car kept for repairs gets a loaner. They saved a few hundred on the loaner but lost 4 - 5K on the buy back, maybe 1K for the arbitration process. I am sure they look at it as the cost of business. How would you feel if you were me? It was bittersweet for me, yeah I won but I wish I had the car fixed right the first time.

[drjones96]

Ah I see. It was a dud from day one.

[M3 Mitch]

OP, can you say what state you are in? I imagine this varies by state.

Good job, apparently. Your dealer's mechanics are clueless though. Friend of mine bought a (used) Porsche 928 that the PO sold cheap because it was killing batteries like this.

The culprit was a power antenna. Pulling a single wire, just reach into the rear hatch, open an access door, and unplug one wire, bare hands only, effected a temporary cure. Replacement of the antenna unit restored everything to the way Stuttgart would have had it....

But this guy, like me, is a nuclear engineer, and understands cars and troubleshooting.

Amazing that this would happen with a Toy though. It seems that they are really slipping.

[filmsniffer]

It's good you won. No one wants to do a buyback. People have been speculating Toyota's quality has been suffering for some time. More so when it's made by American people...irony at its finest.

A parasitic draw is a simple fix...however on a '09 with god-knows-what gizmos needs powering, I would want to do the same. :-D

[Toymeister]

Originally Posted by M3 Mitch

OP, can you say what state you are in? I imagine this varies by state.

Alabama. The rules appear to be similar for almost all states. Arbitration first then a formal Lemon Law civil case.

FTR I own another 09 Camry with no problems, I like the car.

[Steve-o]

The OP should change his user name to Toyhater or something.

[Toymeister]

Originally Posted by Steve-o

The OP should change his user name to Toyhater or something.

Now thats funny! Actually wife 1.0 called me that for having too many toys. The nickname lasted, the marriage did not. I don't have any problems with Toyotas -everyone makes lemons- but I wish I read about YOU winning a lemon law buy back and not me!