ES - 5th Gen (2007-2012) Discussion topics related to 2007+ ES350

Class Action Suit??

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Old 02-11-07, 11:57 AM
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brio
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Default Class Action Suit??

I have most of the problems with my ES that have been identified in the Forum but have only had minor transmission issues. I continue to be very unhappy with the car due primarily to diesel engine noise, wind noise, idle vibrations, and dashboard rattles. I went to a function at the Four Seasons and the car valet told me I have a problem with my engine. Even my wife remarked on the engine grinding coupled with a heater fan that whistles when very cold, and windshield wipers that hit the windshield pillar. It feels like a pile of junk on a cold morning.

I also don't like a number of the design aspects of the car, the interior lighting, and usability issues with switches etc. Lexus have been very nice and attentive but nothing has happened in the 9 months I've owned the car to improve the car. The chances are I will like the 2008 as the problems I have will be gone. I would like to get a letter in writing stating that when the 2008 comes out, I can get a replacement car and I only have to pay the taxes. I have not presented this option to Lexus. I feel that I have not got my monies' worth and should not have to eat the fact that I got an early car that was mis-manufactured. (I have not mentioned all the other manufacturing defects on the car.) I am aggravated every day I drive this car and was never aggravated with my old Lexus. Does anyone in Canada have an interest in joining a class-action suit if I cannot get satisfaction? I am still in a state of disbelief that other ES350 owners have no problems. The loaners I have driven where no better. If there are really people with no problems, then why can't Lexus make my car behave like theirs??
Old 02-11-07, 12:11 PM
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wanderer99
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I've been wondering how long it would take before someone posted about this...

My sales manager at my dealer advised me a while ago that the reason I have so many problems is because it's an early car, and those cars have had problems. Great! Thanks for that advice. LOL.

I find that my heater when in defrost setting (windshield and floor mode) makes a clicking sound. If I put it to the centre and floor mode then it goes away. Haven't bothered mentioning it to my dealer as I've got all the other problems, and if they can't fix those, they certainly can't fix this!
Old 02-11-07, 12:55 PM
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amf1932
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The chances are I will like the 2008 as the problems I have will be gone.
Don't count on it!

I would like to get a letter in writing stating that when the 2008 comes out, I can get a replacement car and I only have to pay the taxes.
Don't count on it!

Does anyone in Canada have an interest in joining a class-action suit if I cannot get satisfaction?
Don't count on it! In 2003 they tried doing this because of transmission hesitation problems which were NEVER corrected. The class action suit never got off the ground.

Good luck.
Old 02-11-07, 01:27 PM
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ES350Bob
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Is class action the only option left open to Canadians in a situation like this?

Here each state has an attorney general for the state who could get involved as a result of the consumer aspect of this if a group of owners brought it the attention of a state's attorney general.

Do you not have anything similar there in Canada, like a Prvince attorney general who oversees consumer affairs issues?

Oh, and it is not just early builds with mulltiple issues as recently shared by several CL members with October builds, that seems something they are taught to say in "quiet the customer" classes maybe, though seems to have the reverse results.
Old 02-11-07, 01:54 PM
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LexBob2
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Originally Posted by brio
I have most of the problems with my ES that have been identified in the Forum but have only had minor transmission issues. I continue to be very unhappy with the car due primarily to diesel engine noise, wind noise, idle vibrations, and dashboard rattles. I went to a function at the Four Seasons and the car valet told me I have a problem with my engine. Even my wife remarked on the engine grinding coupled with a heater fan that whistles when very cold, and windshield wipers that hit the windshield pillar. It feels like a pile of junk on a cold morning.

I also don't like a number of the design aspects of the car, the interior lighting, and usability issues with switches etc. Lexus have been very nice and attentive but nothing has happened in the 9 months I've owned the car to improve the car. The chances are I will like the 2008 as the problems I have will be gone. I would like to get a letter in writing stating that when the 2008 comes out, I can get a replacement car and I only have to pay the taxes. I have not presented this option to Lexus. I feel that I have not got my monies' worth and should not have to eat the fact that I got an early car that was mis-manufactured. (I have not mentioned all the other manufacturing defects on the car.) I am aggravated every day I drive this car and was never aggravated with my old Lexus. Does anyone in Canada have an interest in joining a class-action suit if I cannot get satisfaction? I am still in a state of disbelief that other ES350 owners have no problems. The loaners I have driven where no better. If there are really people with no problems, then why can't Lexus make my car behave like theirs??
Brio, weren't you thinking of biting the bullet and getting out of your ES and into something else?
Old 02-11-07, 03:47 PM
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dunnojack
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in the states, lemon law is probably your best shot.
However, the lemon law usually doesn't apply unless you really convince them that there are safety issues and mechanical issues.
You guys have a lemon law in .ca?

rattles don't count. which sucks *** completely. I think my car should qualify as a lemon, since the other 3 loaner cars I've had don't behave this way, and we all drive the same roads.
Old 02-11-07, 09:33 PM
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brio
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Default I don't know why a class action suit wouldn't get attention?

If this car worked as a Lexus should, this is the right car for me. If I got my money back I would probably just buy a new Altima except that I have now vowed to never buy a new model in the first model year. So I'm sort of stuck. I wouldn't mind a new Mercedes C Class but this will also be a new model in 2008. My wife has a Mercedes wagon which I really enjoy driving. We've had some electrical problems but they have been fixed and Mercedes are not in denial like Lexus. Anyway, I plan to get more aggressive with Lexus. I could resort to parking in front of the dealership with yellow (lemon ) balloons!! Too bad we don't have a lemon law in Canada. "The Relentless Pursuit of Perfection" is just a lie.
Old 02-11-07, 10:41 PM
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Default warning - everything below is just IMO....

Brio - Alan is correct with his observation on forthcoming fixes. He has lived through this before with Lexus and his previous gen ES.

I think what you have is a 2007 Lexus ES350.
I think the quality is what it is.
This isn't acceptable to you.
It is clearly acceptable to Lexus.

I think this type of behaviour is the new Lexus. Sure, there are problems, but they're not enough to hinder ES sales at all. The ES350 is a sales success. The looks sell, and Lexus is banking on their brand perception of quality in the marketplace to sell as much as they can produce. They're not balancing quality with quantity anymore IMO. If the quality is good - great. If not.... sell the car anyway. I regularly visit a variety of online forums and I don't remember ever reading about as many issues as these.

Customers are even buying cars and driving out of the dealership and immediately finding problems (trans) within a few hundred feet. To me, that is crazy. The fact that the company knows about it before the sale but does it anyway shows you where their priorities are. I am sure this would never ever have happened in 1997 with Lexus. Back then it seems it was all about quality. But the year is now 2007 and apparently what they are doing is OK. Things have changed in 10 years.

Given the large number of cars already out there now, I'm thinking they won't fix many of the problems. Quality isn't that important to them. If it was important, they'd be all over you to try to satisfy you and retain you as a customer. So what exactly have they done for you to date when you are dealing with them regarding your quality issues? Do you think that they are treating your quality issues seriously or disregarding them?
Old 02-12-07, 06:09 AM
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ES350Bob
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Originally Posted by wanderer99
I am sure this would never ever have happened in 1997 with Lexus. Back then it seems it was all about quality. But the year is now 2007 and apparently what they are doing is OK. Things have changed in 10 years.
Or in 98 when having bought a new 99, with maybe the rarest of rare exceptions would an issue not be resolved, though I am not aware of any at all, just allowing no company is perfect and there might have been a few unresolved issues back then, but certainly not even close to the degree of the present.

The CEO of Toyota seems VERY concerned about all of the quality issues, but it may be he has too many under him just making a paycheck, which is my belief.
Old 02-12-07, 11:15 AM
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dreyfus
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Originally Posted by brio
I have most of the problems with my ES that have been identified in the Forum but have only had minor transmission issues. I continue to be very unhappy with the car due primarily to diesel engine noise, wind noise, idle vibrations, and dashboard rattles. I went to a function at the Four Seasons and the car valet told me I have a problem with my engine. Even my wife remarked on the engine grinding coupled with a heater fan that whistles when very cold, and windshield wipers that hit the windshield pillar. It feels like a pile of junk on a cold morning.

I also don't like a number of the design aspects of the car, the interior lighting, and usability issues with switches etc. Lexus have been very nice and attentive but nothing has happened in the 9 months I've owned the car to improve the car. The chances are I will like the 2008 as the problems I have will be gone. I would like to get a letter in writing stating that when the 2008 comes out, I can get a replacement car and I only have to pay the taxes. I have not presented this option to Lexus. I feel that I have not got my monies' worth and should not have to eat the fact that I got an early car that was mis-manufactured. (I have not mentioned all the other manufacturing defects on the car.) I am aggravated every day I drive this car and was never aggravated with my old Lexus.
Why wait for a 2008? The design aspects you don't like will still be there and the best you can hope for is that some of the manufacturing issues (like squeaks) will be resolved. Perhaps the dreaded tranny issue will be corrected - perhaps not. IMO you should move to another model (and/or brand) as the 2008 ES305 will still be an ES350.

BTW, mine has no issues - squeaks, wind, dieseling, or flare. Sorry to hear they sold you a lemon. Don't let Lexus get away with it.
Old 02-12-07, 11:19 AM
  #11  
widlfiresd
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Has anybody checked the Toyota sites? I suspect since so many more Camrys are sold, that they are really screaming up a storm over there.

This tranny is clearly a Toyota problem. Lexus is a nameplate, Toyota is the company which will ultimately be sued.

http://www.tundrasolutions.com/forum...links/links/11
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