Oregon Lemon Law

[DanNJanice]

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.

[thomasmnile]

DanNJanice wrote:

I am not too happy with Ford regarding the backorder

Wouldn't be too unhappy with Ford. Like most manufacturers these days, they probably employ 'just in time' inventory practices, ordering parts and pieces for production and delivery as they need them. Sometimes things go awry. Is the transfer case problem a widespread issue? If so that could help explain delay. Be grateful your not waiting on a Takata inflator.......:B

[rhagfo]

DanNJanice wrote:
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 and may be able to get another camping trip or two in!

Come on you live in Western Oregon and don't camp year round??
Good to hear the truck is back up and running.

[Grit_dog]

Good to hear! After your last response to me I'd change my tune to "lemon that sucker."
Maybe this is good leverage to get some freebies out of the dealer.
Pursuant to my post bout the extended warranty I got when I had an almost lemon.

[DanNJanice]

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 and may be able to get another camping trip or two in!

[donn0128]

B.O. Plenty wrote:

donn0128 wrote:
File a BBB claim. Much faster in my experience

Can't see what that will do..If the part is not available at this time it's not available. What can the BBB do? It's not like the dealer isn't trying to help..

B.O.

BBB claim is pretty simple procedure. You supply your information and details of the problem, aling with dealers attempts to fix or in your case lack of parts to fix. The mfg has to respond as to why they cannot fix it. BBB will arbotrate and decide. In my case GM could not fix the mirrors to work as expected. GM had to buy it back at selling price minus mileage.

[DanNJanice]

Thanks everyone for the replies. I don't think I am there yet, but it is nice to know there are options. For now, I will give Ford the chance to get this resolved. My cutoff will likely be 2 months in the shop. After that, I will start expecting some compensation or will take other action.

[guidry]

I just went through lemon law on a 13' 3500 Chevy to a 16' 3500 Chevy. There are some advantages but you do have work cut out. PM me and we can talk if it looks like you will go that route and I can answer some of your questions (like $ aftermarket radio tonneau cover etc, mileage adjustment, check vs getting another truck). I didn't use a lawyer and my dealer was great to work with; GM-not so much but eventually got it handled.

[v10superduty]

I think you should consider that since they (dealer or Ford) are going to replace the entire transfer case and not just a couple gears or an actuator or whatever; it appears they are trying to do the right thing for you!
Also you will be charged for miles on the truck and since they can not build you a new 2015 model, you will be paying a considerable charge to go to a 2017. Or I guess you could take your money to another brand but will likely still be considerable out of pocket?

[mikim]

Did this in California 5 or 6 years ago with a Saturn Vue Hybrid. It was really simple. No attorney was needed. I read in the owners manual how to initiate the Lemon Law Procedure. I called GM's customer no-service hotline and it was really unprofessional on their part. Per the Saturn Owners Manual I then contacted GM's Lemon Law Advocate which was the Better Business Bureau. Took less than 4 weeks to get a credit on a new GM product. The underlying problem was the hybrid battery had shorted out again and they had no idea when we could get a new one.

[B_O__Plenty]

donn0128 wrote:
File a BBB claim. Much faster in my experience

Can't see what that will do..If the part is not available at this time it's not available. What can the BBB do? It's not like the dealer isn't trying to help..

B.O.

[B_O__Plenty]

You don't automatically get all your money back on a lemon Law. You may have to pay your own attorney fees, they will deduct for mileage and how long you owned the truck..It's not always as great a deal as it sounds..

B.O.

[donn0128]

File a BBB claim. Much faster in my experience

[DanNJanice]

rhagfo wrote:
I think you are jumping the gun on the Lemon Law part. Does the dealer have any idea as to how soon the transfer case will be available.
I guess a description of the issue with the transfer case would help.
Unless you really don't like the truck, why go through the hassle of filing a Lemon Law case, if they might have the new case in a couple of weeks.

I don't use 4WD very often so I engage it when I am on a dirt road just to keep everything working. Anyway, last time I engaged 4WD Low the truck made a grinding/whirring noise and refused to move. This was why I took it to the dealer for repair.

They had the truck for week and did some work on it, but could not get it working right again. Thus the decision to replace the transfer case.

Dealer is not able to get any info from Ford regarding an ETA, so I am just left hanging, could be a week or two, could be next spring.

It is unlikely that I would file a case unless this stretches out for months.

[DanNJanice]

Grit dog wrote:
Let them keep the truck there for another week or whatever gets you your 30 days.
Mfgs don't just hand out new rigs for free like candy, so I'd expect that your "non conformity" in their eyes does not render the vehicle out of service, unless of course you have proof it's sitting at the shop and they have the keys.
Besides, it's kind of a weak lemon law case to begin with. If they've agreed to remedy the problem and you don't truly need 4wd right now, then they're doing all they can and you're not really hurting, except emotionally, lol.
In general I agree. Although they do have the truck, with transfer case removed and in pieces. So until the new transfer case arrives, and is installed, I do not have use of the vehicle. The inconvenience to me is that I can no longer use the $60000 vehicle for its intended purpose, that is towing my trailer. The lack of repair parts seems to be commonplace in this day of JIT manufacturing and outsourcing. It just irritates me that...
1)They have no parts on hand anywhere in the country. Heck! I just bought a new motor to repair my 10 year old vacuum cleaner! Apparently, Sears can stock that part, but Ford cannot stock transfer cases on a vehicle that is less than 2 years old.
2) Ford cannot give the dealer an ETA on when parts will be available.


Good luck with your issue.