anyone successfully gotten lemon law to take care of ford focus 2012 tranny problems!!! - Page 10 - Ford Focus Forum, Ford Focus ST Forum
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Old 04-15-2013, 11:35 AM   #91
penet05
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My Florida Lemon Law claim process is completed. Ford completed the repurchase and I received my check last week. What is unfortunate is that Ford could probably have avoided my claim by admitting there was an issue and actually doing something about it. Instead, Ford's position was consistently that the characteristics exhibited by my transmission were "normal." The Better Business Bureau technical expert (neutral third party) and the arbitrator obviously disagreed. I would encourage Florida Focus owners having issues with the DCT and who cannot get Ford and its service departments to acknowledge the issue, to file a claim if that's the direction you want to go in. With more successful claims, perhaps Ford will get the idea.
Congrats.
So do you get all your money back (including the tax+title, etc.)
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Old 04-15-2013, 01:04 PM   #92
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Congrats.
So do you get all your money back (including the tax+title, etc.)

Doubtful .... They usually hit you for a 'usage' fee, which is usually so much per mile.

The real benefit you get out of it is being out of the contract and being able to buy a different car without taking the HUGE depreciation hit.

Trust me .... You are not made completely whole, as they figure you would have been driving SOMETHING, with the associated costs of driving whatever that was.

REV
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Old 04-15-2013, 01:21 PM   #93
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Doubtful .... They usually hit you for a 'usage' fee, which is usually so much per mile.

The real benefit you get out of it is being out of the contract and being able to buy a different car without taking the HUGE depreciation hit.

Trust me .... You are not made completely whole, as they figure you would have been driving SOMETHING, with the associated costs of driving whatever that was.

REV
If he's anything like me the "usage fee" shouldn't be exorbitant and the buy-back price will still be much more than if you had traded it in or sold it privately imho especially if you have 15,000 miles or less on the car(which I do lol)

I have recently filed a lemon law claim, lawyer says it could take up to a year dependent on court hearings and such.

Currently my car is still at the dealer for transmission issues waiting on a part that is on "backorder" it's been at the dealer for one month and one week this Tuesday 04/23.

If I don't have a case I have no idea what it takes...
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Old 04-15-2013, 02:59 PM   #94
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In Florida, the manufacturer must pay all of your out-of-pocket costs for the vehicle, including tax, tag, title fees, aftermarket items installed by the dealer, warranties, paint & fabric protection, interest you paid on the loan (if any), etc., minus an allowance for mileage up to the date of arbitration. In my case, I had driven the vehicle 15,063 up to the date of the arbitration hearing, which, based on the Florida formula, was an allowance of about $2,260. (Mileage after the hearing is not counted against the consumer.) Also, if there were rebates, you don't get those back. The manufacturer also pays off the loan, if there is one.

So, assuming there is some value in driving the car, paying only for mileage, which comes out to about 15/mile, and getting everything else back, pretty much makes the consumer whole (other than the time and aggravation). In Florida, there are some other manufacturer concessions, too, such as out-of-pocket expense due to the defect, but those didn't apply in my case.
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Old 04-15-2013, 03:02 PM   #95
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Cappa, in Florida, the Lemon Law process is much faster as it operates under statutory timelines and doesn't involve the court system.
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Old 04-15-2013, 03:50 PM   #96
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I've got about 3K trouble free miles on my Focus but after reading all the problems I'm seriously considering dumping it while i still can.

Last edited by rick217; 04-15-2013 at 09:15 PM.
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Old 04-15-2013, 03:59 PM   #97
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I guess that's an option. If it's not giving you any trouble so far, maybe you'll be okay with it. There was a lot to like about the car.
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Old 04-15-2013, 08:40 PM   #98
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Quote:
Originally Posted by brentwoody View Post
My Florida Lemon Law claim process is completed. Ford completed the repurchase and I received my check last week. What is unfortunate is that Ford could probably have avoided my claim by admitting there was an issue and actually doing something about it. Instead, Ford's position was consistently that the characteristics exhibited by my transmission were "normal." The Better Business Bureau technical expert (neutral third party) and the arbitrator obviously disagreed. I would encourage Florida Focus owners having issues with the DCT and who cannot get Ford and its service departments to acknowledge the issue, to file a claim if that's the direction you want to go in. With more successful claims, perhaps Ford will get the idea.
How bad was the car to get backing from everyone except Ford? 3 trips to the dealer and that's it?

I almost did a lemon on a leased VW, the dealer had it for 2 months, but they provided me with a upscale loaner free of charge for the duration, deducted 2 months off of the lease payments and corrected the problem, after the fact I regretted not pursuing it. It was the 3rd and final trip for the problem.

I have taken my car once to Ford for the DCT issue, but I doubt after two more complaints of grinding noise I will have much pull to lemon it if the the mileage is low.

I am in Florida too, so I know the law well.
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Old 04-16-2013, 09:18 AM   #99
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It was bad. But when the dealer has had three repair attempts for the same issue, and the issue still persists, it doesn't matter how "bad" it is, just whether or not it's a condition that impairs the value, use, or safety of the vehicle. The mileage doesn't matter either - the fewer miles, the better for the consumer. In my case, even though Ford claimed the things I complained of were normal for the DCT, the BBB technical expert disagreed and said the transmission demonstrated the characteristics I claimed and was internally flawed. If yours is mainly the grinding noise, but doesn't have the severe hesitating and shuddering, I don't know how it would work out.

One thing I found out during the process is I could have gotten a BBB technical expert's opinion prior to the arbitration hearing. Apparently it's free and you request it through the BBB. It would give you a pretty good idea of where you stood going in. If the TE's opinion agreed with you that the grinding was a flaw, I would think you'd be in pretty good shape heading into the arbitration (assuming Ford didn't successfully repair it on its fourth attempt). It might even prompt Ford to make a reasonable settlement offer beforehand. In my case, the TE inspection came after the arb hearing, but confirmed my position, and made the arbitrator's decision pretty easy.

Ford may try to claim it's not a "defect" but it doesn't have to be a defect. It only has to be a "condition" that impairs the use, value, or, safety. A condition can even be normal for a vehicle and still fulfill that requirement. That was my position. That is, even if the DCT characteristics were normal, they still impair the use, value, or safety of the vehicle, thus, it's a lemon.
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Old 04-16-2013, 12:25 PM   #100
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Mine is still grinding, hesitation in shifting. I will be taking it back in for the 2nd time soon...the first time they did nothing to it. Not sure if after the 3rd attempt I have enough to lemon it?

Sent from my SGH-T679 using FF Mobile
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