Dealer wants to give me an '04 for my '03 lemon!

[eric]

My '03 has a vibration from the engine they cannot fix: Oil pump, Flywheel, Trans, Timing... all have been swapped. According to NY state law, after 4 attempts at the same prob, she's a lemon. Dealer has offered to give me an '04, no questions. Should I take the truck or go to court for cash? They're giving these trucks away now, so he's really not doing me a huge favor... Does anyone have any experience w/lemon law hearings? What's involved, what's the usual outcome?
Thanks!

 

[draaronr]

if you like rovers I would do it. You pick up a true cdl in the mix.

 

[GotRovr]

I would take the '04 just as long as they resent the lemon counter. You'll have a CDL shifter in cab which is the way LR should have set up all Series 2 Discos

 

[Peter-man99]

My '03 has a vibration from the engine they cannot fix: Oil pump, Flywheel, Trans, Timing... all have been swapped. According to NY state law, after 4 attempts at the same prob, she's a lemon. Dealer has offered to give me an '04, no questions. Should I take the truck or go to court for cash? They're giving these trucks away now, so he's really not doing me a huge favor... Does anyone have any experience w/lemon law hearings? What's involved, what's the usual outcome?
Thanks!

I can't say I know much about lemon laws either but I am not sure it matters. If you don't want another Disco then try to get your money back. If you want a disco take the 04. I don't know what model 03 you got but I would try to make the dealer throw in some up-grades (if possible) on the 04. I guess it all depends on what you would rather have. Kind of sounds like you want the cash, just guessing though.

 

[r0sport]

I say take the offer! If you go to court, you'll have to deal with court cost. I think by law LR would have to offer you either complete buy back of your vehicle or replacement.

I wish I would be offered an 04 for my 03 Discovery. I've had a number of problems...Failed oil pump resulting in new short block, new trans, main seal oil leak, leaking windshield, and more. Its just that each problem is different so the California Lemon Law doesn't apply to me yet. However, I am getting close to the 30 days minimum in service to invoke it. I've spoken to LR North America but they weren't very understanding.

If anyone's got any advice I greatly welcome it!

Thanks

 

[Meisterbr?wn]

I'd go for the '04 and try to get every additional option out of them possible.

 

[r0sport]

i think your mind should be made up by now! Man, consider yourself lucky!!!

 

[syoung]

It's in L.R.'s best interest to not have you invoke official lemon law procedings. They can fix your 03 later and sell it as a certified used vehicle. If it's tagged a lemon legally, it's not worth much to them.
Sounds like a great offer, unless you just don't want a Discovery anymore. Of course, the symptoms sound just like the power steering pump problem my neighbor had on his 03.

 

[eric]

Thanks guys...!

I was kinda aiming that way anyhow... I just wish I knew more regarding the legal stuff. If I rolled the dice how the odds were stacked... how much time in court, how much cash we're really talking about, etc... I did always want the CDL - and maybe some more jazz too like you suggest. Guess if I was still set on cash I could sell it with less than 500 miles on it for decent coin just the same...
Thanks!

 

[stansell]

Quote from my old man: "Avoid the courtroom like the plague".

Pretty good advise, considering year long headache associated with butting heads with LRNA's lawyers, and the better than even chance of losing. Plus, for once, a dealer sounds like he is trying to do the RIGHT thing by giving you a replacement rig (with CDL no less). Besides, the courtroom should always be the very LAST resort, despite what lawyers may tell you.

BTW, congrats on a new 04. New car smell and a brand new paintjob you get to put scratches on. Sounds like fun.

 

[Randy]

I was kinda aiming that way anyhow... I just wish I knew more regarding the legal stuff. If I rolled the dice how the odds were stacked... how much time in court, how much cash we're really talking about, etc... I did always want the CDL - and maybe some more jazz too like you suggest. Guess if I was still set on cash I could sell it with less than 500 miles on it for decent coin just the same...
Thanks!

If you are going to sell it, sell it new before they transfer the MSO (Manufacturers Statement of Origin) is assigned to you. That way it is brand new and you can maximize the sale price. Keep in mind to that the Dealers are pushing them out the door with all kinds of discounts and premiums, so someone might be able to buy the same from the dealer for a better price than from you.

If it were me, and I wish to God it was, I'd keep it as it's the last of the solid axles LRs.

 

[Monty]

If it were me, and I wish to God it was...........

That's funny Randy. I was thinking the same thing.

 

[gil stevens]

take the 04. Its to your advantage as if you went to court and they find for your side you will not be getting "all" your money back. You will get what you payed less the depreciation value of the time you had it and the miles you put on it. Also, as someone stated prior, that 03 is worth much more without a branded title, so if this goes to court and the truck is "lemonized" they will need alot of the money they are using to put you in an 04 to offset the now halved value of the 03. If you are dead set on cash, take the 04 and sell it. You will get more than if you battled the courts and took the "depreciated" value of the 03. ive been thru way to many of these proceddings and everyone who took it to court ended up wishing they hadnt. I would think the aggravation of dealing with lawyers, the court, and all the associated BS would be reason enough to take the 04.

 

[eric]

Great Advice....

Thanks again - you guys are awesome. Randy - that MSO stuff was something I would never have figured & is just the help I needed. But it really is a tough call - they're only going for around 25-28 thou. If I do sell, I don't really make out... Looks like a keeper!

 

[Leigh]

My friend had his chevy truck bought back from him under the lemon law. He got his purchase price minus milage. They also deducted for every scratch ect. He still made out relativly well but I would take the 04 no question's asked.

 

[CurtisP]

First off, all the talk about selling it as new will never happen so don't even try. The dealer is not going to let a car off their lot without all the paperwork in order and YOU as the owner. Now comes the most important part...how much do you want for your '04?

 

[Black Dog]

Take the '04, take it, take it, take it! If you really'd rather have an '03, there are plenty out there. Sell the '04 and after you buy the '03, please send all the left over cash to all of us as your DiscoWeb legal advice council... Hey, maybe we can all bring them all our troubles logged here in a class action?



I'd sure like a lemon in that Tangiers Orange!

Jim
'97 D90
'99 D2

 

[FIVESPDDISCO]

are you on crack? It is like there is $6000 in front of you and your afraid you might hurt your back picking it up. " hmmmm should i pick that up .. .... i might pull my hamstring.... i dont know????

You have a dealer giving you a truck and i cant get mine to programe my stepper motor right.


and by the way... buffalo land rover stop calling me to tell me it is time for service.

 

[Ron]

It depends on the state. To start LR is VERY good with any sort of potential lemon law claim. They buy the vehicle, dealer gets you a new one, the "lemon" is sold at auction and some inner city non-franchise dealer gets it. Everyone is happy except for the cheap skate who would not buy CPO from the dealer.

I am going through this with my BMW and BMW is not as easy as LR. Mainly because of the HUGE number of 7 series that were and are being lemoned. I will not bore you with the gorey details but my 5 land rovers have less problems cumulative than my new BMW.

In PA the clock on the wear and tear starts with the day you first report the problem. In our case about 50 miles. Also, you drive it until the decision and under the law the manufacturer pays your attorney fees.

I would consult an attorney, they will give you your best advice. If you paid close to sticker I would be inclinded to go to court and get my money. I told BMW that I will under no circumstances accept anything made by their company.

 

[Ho]

eric, the 04 is indeed the keeper. JUST DO IT!