Help with possible lemon case

Victor-Whiskey

Veteran Member
Joined
Aug 26, 2010
Location
NEK VT
TDI
2015 Jetta TDI DSG
I am having too many issues for a car with 2800 mi. I am fed up with my car at this point need to probably posture for a lemon law case. Some problems are minor, but they seem to be getting worse and worse. Just for the record, I am not obsessive about my cars. My families current newest cars have never been to the dealer except for free oil changes, etc. My 03 Nissan Murano I swapped the JSW for went 90k mi and went to the dealer once for an alternator TSB. My wife drives a 328i that has been flawless. I have a modified 06 Saab 92x Aero (WRX clone) that has been great. 2001 F150 with 105k mi, a set of brakes, shocks, and wheel bearings since new.
I've heard a lot of, "that's normal." Well if the hassle I have had in 2800 mi is normal, then I definitely picked the wrong car. If it's not, then I'm going to peruse a lemon law case. Because of the problems I don't want this car, and I don't feel I should take a huge loss to get rid of it. Any help or opinions about pursuing lemon laws are appreciated.


2010 Jetta JSW TDI DSG 2800 mi (11/18)
Purchased August 2010
total days in shop so far- 13
1. a couple weeks after purchase, noticed dash bubbling and steering wheel airbag of center; tilted to the right. Dash and steering wheel replaced. Airbag still not straight. (possible safety hazard) Car covered in light scratches after dealer complimentary car wash, spent 2 hours waxing. ~250mi
2. Steering wheel turned to ~12:30 on flat, level road. Dealer says is normal, crown of road, blah blah. I know cars, it is not normal. Refuses to check on rack. Take to Firestone to go ahead and get lifetime alignment. Toe was off by a lot. from new to ~300mi
3. 2-3 weeks after purchase, notice possible coolant smell. Thought it is perhaps engine coating burning off/new car smell. ~300mi
4. Minor fit and finish issues- had to remove grill and snap into place to align. Plastic plate under driver side is puckered. Sunglass holder (which doesn't hold sunglasses) squeaks. Rattle from driver door that sounds like speaker is blown. Removed panel to investigate; the window motor is vibrating against door. I placed sound deadening material behind motor and tighten, fixed.
5. Coolant smell still noticeable at 2200 mi. Dealer says is normal. I go home and removed battery and find burned off coolant pool on top of trans case. Tighten fittings and rinse case. Different dealer saw pics, looks at the car and still says it is normal.
6. Notice rattle from engine compartment that IS NOT the sound of a diesel engine. ~2400mi. Dealer/forum tells me it is normal. (Seems crap is normal for VW at this point) This noise is not acceptable, I take it to different dealer. My research led me to be concerned about the DSG. I ask the tech about the DSG and DMF. He says my car doesn't have a DMF. The service adivsor corrects him. In first two minutes of drive with service advisor he is concerned. Two days later I find out the dual mass flywheel is bad. I have only 2800 mi as of today... coolant smell still not diagnosed :mad:
 
Last edited:

aja8888

Top Post Dawg
Joined
Dec 25, 2007
Location
Texas..RETIRED 12/31/17
TDI
Out of TDI's
You will have to review Kansas lemon law requirements to see what qualifies for you.

Next issue: people complain about the Korean cars (Hyundai, Kia), yet VW quality is apparently deteriorating to a point where the Korean cars may be superior. This is not only based on your assessment of the problems above, but from other similar threads here.
 

steelmb

Veteran Member
Joined
Apr 12, 2009
Location
MB
TDI
2003 Jetta Wagon
I live in Canada and I don't believe we have a lemon law, but 13 days in the shop with only 2800 miles on the car sounds lemon lawish to me. If I pony up the cash for a new car I expect to be able to drive it at will and not have it languishing in the dealer's shop. :rolleyes:
 

Victor-Whiskey

Veteran Member
Joined
Aug 26, 2010
Location
NEK VT
TDI
2015 Jetta TDI DSG
I live in Canada and I don't believe we have a lemon law, but 13 days in the shop with only 2800 miles on the car sounds lemon lawish to me. If I pony up the cash for a new car I expect to be able to drive it at will and not have it languishing in the dealer's shop. :rolleyes:
I'm 13 days into the 30 required by Kansas, and the DSG still isn't fixed. I am going to bring it back on a separate visit for the coolant smell to accumulate days.
 

thebigarniedog

Master of the Obvious
Joined
Oct 14, 2007
Location
Fail Command (Central Ohio)
TDI
1998 Jetta tdi
I am having too many issues for a car with 2800 mi. I am fed up with my car at this point need to probably posture for a lemon law case. Some problems are minor, but they seem to be getting worse and worse. Just for the record, I am not obsessive about my cars. My families current newest cars have never been to the dealer except for free oil changes, etc. My 03 Nissan Murano I swapped the JSW for went 90k mi and went to the dealer once for an alternator TSB. My wife drives a 328i that has been flawless. I have a modified 06 Saab 92x Aero (WRX clone) that has been great. 2001 F150 with 105k mi, a set of brakes, shocks, and wheel bearings since new.
I've heard a lot of, "that's normal." Well if the hassle I have had in 2800 mi is normal, then I definitely picked the wrong car. If it's not, then I'm going to peruse a lemon law case. Because of the problems I don't want this car, and I don't feel I should take a huge loss to get rid of it. Any help or opinions about pursuing lemon laws are appreciated.


2010 Jetta JSW TDI DSG 2800 mi (11/18)
Purchased August 2010
total days in shop so far- 13
1. a couple weeks after purchase, noticed dash bubbling and steering wheel airbag of center; tilted to the right. Dash and steering wheel replaced. Airbag still not straight. (possible safety hazard) Car covered in light scratches after dealer complimentary car wash, spent 2 hours waxing. ~250mi
2. Steering wheel turned to ~12:30 on flat, level road. Dealer says is normal, crown of road, blah blah. I know cars, it is not normal. Refuses to check on rack. Take to Firestone to go ahead and get lifetime alignment. Toe was off by a lot. from new to ~300mi
3. 2-3 weeks after purchase, notice possible coolant smell. Thought it is perhaps engine coating burning off/new car smell. ~300mi
4. Minor fit and finish issues- had to remove grill and snap into place to align. Plastic plate under driver side is puckered. Sunglass holder (which doesn't hold sunglasses) squeaks. Rattle from driver door that sounds like speaker is blown. Removed panel to investigate; the window motor is vibrating against door. I placed sound deadening material behind motor and tighten, fixed.
5. Coolant smell still noticeable at 2200 mi. Dealer says is normal. I go home and removed battery and find burned off coolant pool on top of trans case. Tighten fittings and rinse case. Different dealer saw pics, looks at the car and still says it is normal.
6. Notice rattle from engine compartment that IS NOT the sound of a diesel engine. ~2400mi. Dealer/forum tells me it is normal. (Seems crap is normal for VW at this point) This noise is not acceptable, I take it to different dealer. My research led me to be concerned about the DSG. I ask the tech about the DSG and DMF. He says my car doesn't have a DMF. The service adivsor corrects him. In first two minutes of drive with service advisor he is concerned. Two days later I find out the dual mass flywheel is bad. I have only 2800 mi as of today... coolant smell still not diagnosed :mad:
Welcome to the tdiclub. Your post: (1) documents why a warranty from VW is worthless; (2) why an extended warranty is equally worthless; and (3) why the VW dealership's are held in such low regard.

My advice to you is to check out the trusted mechanic list to run down the coolant problem. This and the other problems seem to be the reason why GM had all those problems with cars assembled on Monday & Fridays --- now all you have to do is find the hidden beer can :eek:. Good luck.
 

Skyhook

Well-known member
Joined
Oct 29, 2010
Location
Washington
TDI
2010 Jetta
Go to your Attorney General's webpage for you state. All you need to know and document will be there. Follow the instructions and keep your documentation. Return the car to the service department with the same complaint. Refuse to pick it up unless it is fixed. Rent a car if necessary.

Most likely in the fine print you have agreed to arbitration at some point.

Focus on the issues that concern reliability and safety. Do not do anymore home attempt fixes. While the sunglass holder may be significant to you. That complaint will get a chuckle from the arbitrator and will lessen your credibility and liken the ruling be viewed as buyers remorse, rather than legitimate.

I went through this process with an -06 F350 Powerstroke that dumped 15qts of oil at 96miles and continued to leak through 36K... persistance, documentation, and many many return trips to the dealer for oil leaks resulted in a buyback offer, rather than a lemon law case. Of course we are talking about a 60K$ truck but Ford did not want to brand it a lemon, even though it was, because that goes on the title and affects their ability to resell it without disclosure. End of story was they put me in a brand new '09 at wholesale, applied all of my previous loan payments for the prior three years, the value of my trade in at sale, and another 10k for rental reimbursements and customer loyalty. Again, it never made it to lemon law because at arbitration it was clear I had a cut and dry case. Once I removed the dealership from the equation and filled out the AG paperwork, corporate became involved and it went very smoothly.

Maintain your composure, be professional, take pictures, document everything and refuse to take the car until it is fixed. I found that parking it in front of the service bay tended to get the service writers attention quicker.

Good luck
 

Victor-Whiskey

Veteran Member
Joined
Aug 26, 2010
Location
NEK VT
TDI
2015 Jetta TDI DSG
Go to your Attorney General's webpage for you state. All you need to know and document will be there. Follow the instructions and keep your documentation. Return the car to the service department with the same complaint. Refuse to pick it up unless it is fixed. Rent a car if necessary.

Most likely in the fine print you have agreed to arbitration at some point.

Focus on the issues that concern reliability and safety. Do not do anymore home attempt fixes. While the sunglass holder may be significant to you. That complaint will get a chuckle from the arbitrator and will lessen your credibility and liken the ruling be viewed as buyers remorse, rather than legitimate.

I went through this process with an -06 F350 Powerstroke that dumped 15qts of oil at 96miles and continued to leak through 36K... persistance, documentation, and many many return trips to the dealer for oil leaks resulted in a buyback offer, rather than a lemon law case. Of course we are talking about a 60K$ truck but Ford did not want to brand it a lemon, even though it was, because that goes on the title and affects their ability to resell it without disclosure. End of story was they put me in a brand new '09 at wholesale, applied all of my previous loan payments for the prior three years, the value of my trade in at sale, and another 10k for rental reimbursements and customer loyalty. Again, it never made it to lemon law because at arbitration it was clear I had a cut and dry case. Once I removed the dealership from the equation and filled out the AG paperwork, corporate became involved and it went very smoothly.

Maintain your composure, be professional, take pictures, document everything and refuse to take the car until it is fixed. I found that parking it in front of the service bay tended to get the service writers attention quicker.

Good luck

good to know, thanks
 

cmitchell

Veteran Member
Joined
Jun 8, 2002
Location
Southern Oregon Coast
TDI
2002 Jetta GLS black / black leather
I went through this with a 1997 Dodge Stratus. It was always in the shop for something. It seemed like every time I had a free day I was driving it to the dealership which was 55 miles away. I checked into the lemon law and found out (back then) that I didn't have a case because I was having a whole bunch of things go wrong & the dealership would fix them ..., but not a repeated problem. In order to qualify for the lemon law the same problem had to pop up three or more times. Things may have changed since then; I have no idea. My problem went away after nine months ... when I could take it no longer & got rid of the car.
 

jasonTDI

TDI GURU Vendor , w/Business number
Joined
Apr 26, 2001
Location
Oregon, WI
TDI
12' RAM 2500 QC,LB. 2019 Cherokee 2.0T
Yep, total PITA but not even close to qualifing for lemon.

Pretty odd. Most of these cars are trouble free.
 

dubStrom

Veteran Member
Joined
Aug 6, 2007
Location
Kansas City Missouri
TDI
2003 A4 Jetta (sold), 2010 JSW (sold), 2013 Passat 6MT traded for 2014 JSW with 6MT-TOTALED in November 2016, 2003 ALH 5MT conversion (sold), NEW 2015 GSW/DSG and an '07 Ram 6.7L Cummins Turbo Diesel quad-cab Laramie 4x4 p'up
Here's a link to the Kansas statute. In order to qualify, the alleged defect must "substantially impair the auto's use and value."

Kansas Lemon Law

http://www.carlemon.com/lemon/KS_law.html
That language seems to describe a fuel pump failure. If I lived in Kansas, I'd use it (and a lawyer) if VW of A decided to refuse warantee service. Somehow, I suspect that a Kansas judge and jury would side with homeboy (and should).
 

ddorrer

Veteran Member
Joined
May 19, 2010
Location
WVa
TDI
2015 GSW Tdi, 2012 JSW Tdi DSG (Sold w/80k miles), 2010 Sportwagen TDI 6spd (Traded)
3 strike Rule

In my state, its a three strike rule for the same issue. Mine was a MIL for a o2 Sensor. Dealer was told about the MIL on day one, cleared it, but did not fix it, Strike 1. MIL returned next day; Strike 2. I sent a letter to VW USA as required by state law informing them of the defect. Waited over the weekend for a repair. Dealer ordered new o2 Sensor and replaced. No problem. Lemon Law will kick in at Strike 3 within a year of the same fault. So last chance spent. If that MIL comes on again for the o2 Sensor we are going to the mat.

BTW. The Dealer put 150 miles on my car as a test drive!!!!
 

bhtooefr

TDIClub Enthusiast, ToofTek Inventor
Joined
Oct 16, 2005
Location
Newark, OH
TDI
None
IIRC, though, that particular MIL only occurs when there's a regeneration, so they would have had to drive it until a regeneration occurred.
 

Bayou_Flyer

Veteran Member
Joined
Nov 8, 2000
Location
Mississippi Gulf Coast
TDI
2010 Golf 4Door 6M
How many miles were on the car when you bought it? Misaligned steering wheel, body panels damaged/misaligned, leaking coolant, out of alignment all sound like someone ran over or into something. It's possible.
 

Pat Dolan

Veteran Member
Joined
Apr 19, 2002
Location
Martensville, SK
TDI
2003 A4 Variant, 2015 Q7
Victor-Whiskey:

ALL of the things that you are mentioning should have been caught on the pre-delivery inspection, so to start with, the shop is not comptent in what they are required to do, and YOU paid for.

I would go to VWOA customer service at this point (should not interrupt your qualification for recourse, might even help) and get to a capable dealer (which these two are NOT). As mentioned, do NOT attempt any home or independant shop repairs.
 
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