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- Thread starter Nittany Ned2
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The laws vary by state. I went through this process in NJ where you can file for Lemon Law relief (standard process through the DOT with an application fee) after 3 unsuccessful attempts to fix the issue. They forward notice to the manufacturer who is given one last chance to fix the problem. In your situation, does the report at least acknowledge that there was a problem when you brought it in? If not, that might not count as one of your unsuccessful fixes.
For my situation with a 2013 Kia Sorento, the radio went out a couple times then the AC went out once. Then the car started bucking like a wild horse when we pulled out at stoplights and the automatic transmission would be stuck in 4th gear or wouldn't move it at all. Roadside assistance towed us two times. The first time, they replaced the transmission. The second time, they replaced some wire shaft they said appeared melted. The third time, they couldn't replicate the issue (even though it was bucking back and forth as I pulled into the dealership and did the same when they drove it away) and they simply drained and replaced all fluids and said nothing was wrong. They suggested that maybe we needed to be more careful driving it and make sure it always had a full tank of gas. My wife was furious and caused quite a scene (one of the few times I was proud of her for causing a scene), asking if they would put their 8 month old baby in the back of this car and that it's going to be on their hands when someone is hit and killed because we're stuck in an intersection. They simply told us there was nothing they could do. This is when I formally filed for Lemon Law relief. The case was eventually escalated to Kia US Headquarters who spent a special tech to the dealer and spent 3 days tearing apart my car who then also said they found nothing wrong and couldn't replicate it.
Unfortunately, I can't tell you how the process ended and if we needed a lawyer. Before we actually made it through the entire process, my wife was t-boned by another driver that ran a stop sign and the vehicle was totaled. It was a pretty bad scene but everyone ended up OK in the end. The accident and follow-up insurance mess wasn't fun, but the silver lining was that we were rid of that lemon and my wife was no longer afraid of being stranded every time she started the car.
Check around online for specific laws or processes for your specific state and document everything. Keep a record of every incident, every visit, every conversation, dates, times, everything. Include all of that detail when you file your lemon law claim.
For my situation with a 2013 Kia Sorento, the radio went out a couple times then the AC went out once. Then the car started bucking like a wild horse when we pulled out at stoplights and the automatic transmission would be stuck in 4th gear or wouldn't move it at all. Roadside assistance towed us two times. The first time, they replaced the transmission. The second time, they replaced some wire shaft they said appeared melted. The third time, they couldn't replicate the issue (even though it was bucking back and forth as I pulled into the dealership and did the same when they drove it away) and they simply drained and replaced all fluids and said nothing was wrong. They suggested that maybe we needed to be more careful driving it and make sure it always had a full tank of gas. My wife was furious and caused quite a scene (one of the few times I was proud of her for causing a scene), asking if they would put their 8 month old baby in the back of this car and that it's going to be on their hands when someone is hit and killed because we're stuck in an intersection. They simply told us there was nothing they could do. This is when I formally filed for Lemon Law relief. The case was eventually escalated to Kia US Headquarters who spent a special tech to the dealer and spent 3 days tearing apart my car who then also said they found nothing wrong and couldn't replicate it.
Unfortunately, I can't tell you how the process ended and if we needed a lawyer. Before we actually made it through the entire process, my wife was t-boned by another driver that ran a stop sign and the vehicle was totaled. It was a pretty bad scene but everyone ended up OK in the end. The accident and follow-up insurance mess wasn't fun, but the silver lining was that we were rid of that lemon and my wife was no longer afraid of being stranded every time she started the car.
Check around online for specific laws or processes for your specific state and document everything. Keep a record of every incident, every visit, every conversation, dates, times, everything. Include all of that detail when you file your lemon law claim.
Sorry to hear about your woes... iIRC Lemon Law is a tactic of last resort... As long as the dealer continues to attempt to resolve the issue there is no application of Lemon Law (alas , i have no experience here, just sharing what i have read). ill check some of my favorite MAzda sites to see if any other CX5 owners are experiencing this issue
First off, get a copy of your state's lemon law so you know what the milestones are. Either contact your state rep and request one be sent to you, or look online. Second, make sure every time or day you bring it in you get a receipt for it whether they fix anything or not. Be anal about your documentation. Don't hesitate to videotape the problem. Third, make sure you are consistent in how you describe the problem. Some states require the exact same problem, some just count total number of problems. It matters. Fourth, request a copy of Mazda's arbitration process for disputes. When you hit your lemon law targets, request it, win your case, and then call a lawyer. Mazda won't fight you if you already have a judgment against them that you can show a judge. Absent that, they will try to wear you down. Fifth, start writing everything down in a journal so you don't forget any details or timeline. Did I mention how important it is to be anal in your documentation? I went through two lemon law cases in two different states.
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You should have received a Lemon Law booklet with your owner manual, maintenance schedule, etc. That's standard (or at least it was when I sold cars a while back) when you purchase a new vehicle. It explains what qualifies for and how to invoke the Lemon Law.
Joe is right: document EVERYTHING including your trips to the dealer.
Joe is right: document EVERYTHING including your trips to the dealer.
JBDLion has a lot of good info in his post. Very similar to my situation. I used the BBB to accomplish the same thing with my Ford Escape. I used the BBB because in Colorado the Lemon law only went to 12 months, whereas the BBB process went to 18 months (my car's issues started at 14 months). The BBB's process is modeled after the lemon law.
Keep bringing the vehicle back, and document how they're unable to resolve the problem (I too had a problem that the dealer couldn't duplicate - a matter of fact it was similar to JBD's issue where the torque converter would stick when coming to stop).
Anyway, the key is to show that the dealer warranty service is unable to fix the same problem 3+ times. You'll submit a claim to the state (or BBB), which includes a request regarding what you want the manufacturer to do (we asked for vehicle repurchase, and ultimately got it), then the manufacturer will make an offer regarding how they're going to resolve the problem.
If you don't like the manufacturer's offer, you can decline - at which time the manufacturer will make another offer, or you will go to an independent arbitrator.
As I said, we held out - declining Ford's 'offer' - and they eventually said 'screw it' and bought the vehicle back.
Good luck!
The Touring model seems to be have occasional issues re sporadic resetting of its audio -apparenty while using GPS/Sat Nav. This is based on owner-submissions I found on Mazda247 /CX5 owner forum.... Not sure ifvthis is consistent with symptoms you are encountering... Another reason to forego "technology packages" IMHO. Just give me a freakin dashboard with old fashioned knobs and buttons
I'm guessing 91Joe95 is an attorney. It is obvious he is a smart dude. That was great advice.
