Help with possible lemon case

[Victor-Whiskey]

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

 

[aja8888]

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.

 

[oilhammer]

Besides the coolant leak, I do not see anything that sounds lemon-law-ish. Not sure what the coolant leak is, can you post a pic?

 

[steelmb]

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.

 

[Victor-Whiskey]

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.

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.

 

[Fremont]

We have a sunglass holder?

 

[El Dobro]

We have a sunglass holder?

More like a monocle holder. It's in the roof console.

 

[Matt-98AHU]

Maybe it's a mustache holder.

 

[thebigarniedog]

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

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 . Good luck.

 

[Skyhook]

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

 

[manual_tranny]

Very good advice!

 

[Victor-Whiskey]

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]

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.

 

[Roshermoore]

Kansas Lemon Law

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

 

[jasonTDI]

Yep, total PITA but not even close to qualifing for lemon.

Pretty odd. Most of these cars are trouble free.

 

[dubStrom]

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).

 

[Derrel H Green]

Question for You

2010 JSW TDI DSG - ventectomy

Are you as inaccurate about all your complants as you are about this 'ventectomy' ?



D

 

[ddorrer]

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!!!!

 

[manual_tranny]

Geez! That ought to be illegal! Sounds like someone took a vacation in your car!

 

[bhtooefr]

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]

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]

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.