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Sick of the problems, Trade in? Lemon Law?

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Old 12-10-06, 05:10 PM
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mattvds
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Default Sick of the problems, Trade in? Lemon Law?

Ok,

I have had a laundry list of problems with my UL ES 350:

1) Wind Noise --- Have taken it to 2 different dealerships, 1 claimed they wanted a lexus rep to look at it (but they never did and wrote in the report they couldn't reproduce it - even though they told me they did!), and the 2nd dealership claims its normal (and caused by the mirrors). I don't buy either of these explinations.

2) Tranny --- When I went in for my service I complained about my flare up/slipage. The dealership found that my transmission was "defective" and they replaced it with a new one (YAH! new transmission on a car w/ 5000 miles on it.. awesome). But that didn't fix any of my problems, the slipping/flare up returned as bad as ever 2 weeks later.

3) Door/Window Rattling (clicking noises) -- When driving, especially on bumpy roads, I hear a constant clicking noise which sounds like its from my drivers side door and rear passengers door... annoys the hell out of me.. When I took it into the dealership they dismissed it and said "we will keep an eye on it".

4) New thing just started yesterday.. Now whenever I drive I'm hearing a horrible scratching/squilling noise comming from my rear passenger wheel.

5) random creeking noises coming from the dash... Whenever I take my car on longer trips (1 + hrs) my dash starts creeking.. sounds like its rubbing up against the windshield... (Ok I can live with this one)

In fact the only thing the dealership has been able to actually fix is my nav system (they replaced it to fix the voice temp controls).

I am taking it back in again this week to get issues 1-5 looked at, but this is my 3rd trip and I am getting Sick of the problems.

I'm 23 and this was my first new car purchase. I bought the 350 because Lexus' are supposed to be the most reliable, best built cars on the road. I was planning on keeping the car for a good 10 years, but now I am just getting sick of all the little problems.

If the dealership can't/won't fix these problems what are my options? I paid full MSRP for the UL ES 350, and it has ~9,000 miles on it, how much do you think I would get if I was to trade in for the GS350 (and is there anyway not to pay sales tax on both vehicles in California)? Does anyone know about the Lemon Law?
Old 12-10-06, 05:23 PM
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ES350Bob
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Originally Posted by mattvds
Ok,

I have had a laundry list of problems with my UL ES 350:

1) Wind Noise --- Have taken it to 2 different dealerships, 1 claimed they wanted a lexus rep to look at it (but they never did and wrote in the report they couldn't reproduce it - even though they told me they did!), and the 2nd dealership claims its normal (and caused by the mirrors). I don't buy either of these explinations.

2) Tranny --- When I went in for my service I complained about my flare up/slipage. The dealership found that my transmission was "defective" and they replaced it with a new one (YAH! new transmission on a car w/ 5000 miles on it.. awesome). But that didn't fix any of my problems, the slipping/flare up returned as bad as ever 2 weeks later.

3) Door/Window Rattling (clicking noises) -- When driving, especially on bumpy roads, I hear a constant clicking noise which sounds like its from my drivers side door and rear passengers door... annoys the hell out of me.. When I took it into the dealership they dismissed it and said "we will keep an eye on it".

4) New thing just started yesterday.. Now whenever I drive I'm hearing a horrible scratching/squilling noise comming from my rear passenger wheel.

5) random creeking noises coming from the dash... Whenever I take my car on longer trips (1 + hrs) my dash starts creeking.. sounds like its rubbing up against the windshield... (Ok I can live with this one)

In fact the only thing the dealership has been able to actually fix is my nav system (they replaced it to fix the voice temp controls).

I am taking it back in again this week to get issues 1-5 looked at, but this is my 3rd trip and I am getting Sick of the problems.

I'm 23 and this was my first new car purchase. I bought the 350 because Lexus' are supposed to be the most reliable, best built cars on the road. I was planning on keeping the car for a good 10 years, but now I am just getting sick of all the little problems.

If the dealership can't/won't fix these problems what are my options? I paid full MSRP for the UL ES 350, and it has ~9,000 miles on it, how much do you think I would get if I was to trade in for the GS350 (and is there anyway not to pay sales tax on both vehicles in California)? Does anyone know about the Lemon Law?
matt.

Given your transmission is still acting up, I'd ask your dealer to contact Lexus corporate for a non-compliance inspection and buyback, then you can use that for whatever you wish, even towards a new GS if you want.

Most states have a 3 visit requirement for Lemon Law and you have met that. Look in owner's manual and find your state's Lemon Law info number, and make a call this week to get better idea of what they require you do to meet state requirements. You don't have to file, just seek some info just in case the above non-compliance inspection does not pan out.

Sorry to read of all your experiences, I had not noticed you post on your plight before now.
Old 12-10-06, 06:01 PM
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You need to get Lexus to look at your trans again. You should proably approach your dealer first that replaced your trans and advise its NOT fixed. They'll either act on behalf of you and deal with Lexus directly, or you'll have to call Lexus to complain that your trans still isn't fixed.

Twister went through this and his dealer helped him immensely. I'm going through it and my dealer just says there isn't anything they can do and to deal directly with Lexus, so I am.

You'll still have to go back to the dealer\Lexus as a first step. Your aim should be a buyback owing to two bad transmissions.

I swore I was never going back again for repairs, but I'll have to this week as my steering now pulls heavily to the left, and my brakes seem to have air in them (all mushy - NOT fun!!) after my trans was replaced.
Old 12-10-06, 06:03 PM
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mattvds
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Can you give me/point me to more information about the "non-compliance" buyback option?

Thanks.
Old 12-10-06, 06:05 PM
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twister
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OMG, you gotta be kidding me? After all that you have to take matters into your own hands?!? From your laudry list of problems, I was ONLY faced with a faulty tranny, than a new replacement which had the same flare. After that, my dealership contacted Lexus corporate office and I was offered a buyback of the car or an option of getting another ES350 or a deal on GS350. I choose GS350. With a buyback and a new GS350, I was credited an exact amount paid for ES350 and paid only a tax on a difference between ES/GS.

Talk to your dealership first since they have to initiate a discussion with Lexus Corporate office. In a meantime, make sure you have EVERY repair and visit to your dealer documented and copy on your hand. It wouldn't hurt to call Corporate office yourself too. Also, if your dealership doesn't want to cooperate, go to another one. ES350Bob can tell you how he was treated by his original dealer and the one who really took care of him! You have every single right to qualify for a buyback. Don't let them tell you otherwise. BTW, GS350 is one hell of a ride and will fit 23 year old better. Speaking here from a 32 year old experience
Old 12-10-06, 06:21 PM
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ES350Bob
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Originally Posted by mattvds
Can you give me/point me to more information about the "non-compliance" buyback option?

Thanks.
matt..non-compliance inspection is a Lexus corporate process, done on problem cars like your's where the customer is not at all satisfied with the car and the car has issues.

Best if you can have the dealer initiate it at your request.

Lexus inspector comes to look over your car and one with transmission problems alone as your's has had should qualify you for a buyback.

Twister recently went through this, but I remember he said you are reimbursed all you paid for the car less taxes you paid when you bought it which are not refunded to you.

It seems now customers have to ask for this rather than it be initiated on your behalf by dealer who sees the defects on your car.
Old 12-10-06, 06:32 PM
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twister
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Correct about taxes. Lexus wants to keep you as a customer and to keep your money as well Therefore it makes more sense to get another Lexus, otherwise you will loose taxes and fees. In my case, my dealer even waived registration fee for a replacement car.
Old 12-10-06, 06:50 PM
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Be sure you do call the info line for your state's Lemon Law as mentioned above, it will make you feel a whole lot better once you have just gotten a synopsis.

You may only be 23 but you are very mature sounding for one that age and articulate as well.

If you start to go through the non-compliance process or in middle of it even or right after inspection and your intuition tells you something is not right or they just act like jerks, file a Lemon Law complaint. That makes them do all of what we here have suggested you do anyway.
Old 12-10-06, 06:57 PM
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In California, you will get back all of your tax and license fees. The only thing that they might charge you for is a use fee based on so much per mile.

The car has to have been in the shop atleast 3 times for the same problem to fall under the lemon law.

Since your car has had so many different problems, I am sure that Lexus will take good care of you. They want you to be happy!

I bought my first Lexus in August of 1989 (LS400) and have owned a total of 5 since then. Trust me, they are the most trouble free car on the road!

Good luck, but I am sure they will make it right for you. Skip
Old 12-11-06, 09:33 AM
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mattvds
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Thanks for your help guys. I went to the dealership this morning to get that rear wheel noise looked at. However, when I asked them about the buyback, they told me that I have to initialize that with corporate myself. They also said they did not actually replace the transmission as they originally said, but instead just replaced the valve body. When I told them it was still flaring up between 1/2 and 3/4 they said they would look into it again. They imediately dismissed my usual complaints about wind noise and rattling doors.

So, since they only did the TSIB and didn't replace the tranny do I still have a leg to stand on when I ask for a buyback?

Looks like I have to contact lexus corp on my own.... grr this is frustrating.
Old 12-11-06, 09:44 AM
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Originally Posted by mattvds
Thanks for your help guys. I went to the dealership this morning to get that rear wheel noise looked at. However, when I asked them about the buyback, they told me that I have to initialize that with corporate myself. They also said they did not actually replace the transmission as they originally said, but instead just replaced the valve body. When I told them it was still flaring up between 1/2 and 3/4 they said they would look into it again. They imediately dismissed my usual complaints about wind noise and rattling doors.

So, since they only did the TSIB and didn't replace the tranny do I still have a leg to stand on when I ask for a buyback?

Looks like I have to contact lexus corp on my own.... grr this is frustrating.
Are you sure they mislead you prior and actually had you believing they were replacing your entire transmission?

Also, look at your service receipt from the visit where they did whatever it was to the transmission, does it say replaced transmission or does it say replaced valve body or some lingo connected with TSIB pertaining to the valve body?

Do not call Lexus corporate just yet though you may have to at some point, as the dealer can and should initiate that for you based on your transmission.
Old 12-11-06, 09:54 AM
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When I took the car in the first time the service rep told me "your transmission is defective, we have ordered the parts and are going to replace it". I never looked at the actual receipt which says "replaced trans. valve body and reprogram". I guess it's my fault for not reading the receipt.

The dealership flat out told me that they have nothing to do with the buyback. I told them that I heard that the dealership can initiate and help guide me through the process and they looked at me as if I was stupid.

Ohh and then the guy has the nerve to say "wow, you sure do have a lot of problems for a car with so few miles."

So lexus probably won't do anything for me since they didn't actually replace the tranny?

Last edited by mattvds; 12-11-06 at 10:04 AM.
Old 12-11-06, 10:04 AM
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Originally Posted by mattvds
When I took the car in the first time the service rep told me "there is a defect in your transmission, we have ordered the parts and are going to replace it". I never looked at the actual receipt which says "replaced trans. valve body and reprogram". I guess it's my fault for not reading the receipt.

The dealership flat out told me that they have nothing to do with the buyback. I told them that I heard that the dealership can initiate and help guide me through the process and they looked at me as if I was stupid.

Ohh and then the guy has the nerve to say "wow, you sure do have a lot of problems for a car with so few miles."

So lexus probably won't do anything for me since they didn't actually replace the tranny?
Well, you have the receipt somewhere or can ask for a copy of it from dealer service or call them and have them read to you work performed on your transmission, worth checking to see what is contained on it as to work done.

Seems like you might want to wait till they replace your trans for it's current issues before contacting Lexus corporate, UNLESS, the other issues it has along with trans issues have you so disatisfied in which case go ahead and get them involved now.

That dealer sounds like my first dealer, not at all helpful. Your original salesman or the service manager or sales manager can initiate Lexus involvement for a car with defects.
Old 12-11-06, 10:16 AM
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Yeah the receipt claims they only did the TSIB. I bought my car 400 miles away (I live in San Jose now and I got the car in LA).. so I can't get the original salesman to help me. The big thing is that I just don't trust my car anymore, 5 problems (as minor as they may be) and 3 visits to the service department in 6 months is just too much (especially when I think what would happen once the car is out of warrentee!). I guess I am going to call lexus corp.. as of now I have no faith in the service department that I just took my car to, and even if they do fix the 2 problems they are currently looking at I don't think I want the car anymore.
Old 12-11-06, 11:34 AM
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Originally Posted by mattvds
Yeah the receipt claims they only did the TSIB. I bought my car 400 miles away (I live in San Jose now and I got the car in LA).. so I can't get the original salesman to help me. The big thing is that I just don't trust my car anymore, 5 problems (as minor as they may be) and 3 visits to the service department in 6 months is just too much (especially when I think what would happen once the car is out of warrentee!). I guess I am going to call lexus corp.. as of now I have no faith in the service department that I just took my car to, and even if they do fix the 2 problems they are currently looking at I don't think I want the car anymore.
Contacting corporate to open a file on your car is not going to hurt.


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