e-Mel

I have not posted to this forum in a few months because I was in the process of legally pursuing a buyback and did not feel comfortable posting any specifics. My ES350 UL was running perfectly until it reached about 4k miles. That's when my transmission began to flare/slip. I brought it in for service and my dealer's first attempt at repairing the flare was to reprogram the ECM. The dealership had my car for a total of eight calendar days for testing, diagnosing and reprogramming. That proved to be in vain as the re-programmed tranny began to flare the day after I picked it up. That was just the tip of the iceberg. The car was returned to me with many deep, long scratches on the hood, fenders and A-pillar that could not be buffed out. As you can probably imagine I was fuming. Not only did I now have a car with a defective transmission but a four month old car that was now also in need of a front end paint job due to the negligence of the dealership. I complained to both the dealership and Lexus corporate. Lexus corporate said the trans issue had to be addressed via the Lexus vehicle warranty. They said that's what warranties were for. I mentioned to them that I would like to look into a buyback or a substitute vehicle. They had no response. Corporate also said that any damage to the car while in the dealership's possession is the reponsibility of the dealer. The dealership said they would repaint the front of the car and look into why the transmission was still flaring. I brought the car back to the dealer to have it painted and serviced. They kept it for a total of ten days. When they called saying it was ready to be picked up I inquired as to the transmission and they had me speak to their transmission technician. The trans tech proceeds to tell me that flares of up to 500rpm are considered acceptable by Lexus. When I reminded him that I had previously reported several flares of 800 - 1000 rpms he then said well I guess we'll have to replace the transmission. I said fine if that's what it will take to fix the problem go ahead and replace it. It took another fourteen days for the trans replacement. Turns out they had to order the new transmission. During that time I made several requests for a buyback. I asked Lexus Corporate again for a buyback. Again that got me nowhere. I asked the dealer about the possibility of moving me into an '08 RX350. Their response was for me to trade in my ES350 for $7000 less than I paid for it and they would sell me the '08 RX w/nav at $41,700. They said $41.7k was their cost (yeah right!). What a bunch of bullsh... They were now looking to make a profit on a misfortune they helped to create . I immediately sought the services of a lemon law firm. They were only too happy to take on my case. While this was going on, the new transmission was flaring just like the original one. The dealership looked at it again. They looked at it for another five days. Their findings: "The transmission is operating as designed". One month after my attorney notified them of my case, Lexus Corporate agreed to a voluntary buyback. The attorney told me that the Lexus representative said a replacement ES350 would not be offered to me because there remained a possibilty that the new vehicle would have the same transmission problem as it has not been determined why the flare exists. The settlement offer was a refund of the full purchase price, taxes, extended warranty (I had purchased), doc fees and all my attorney costs minus what they term mileage and usage. They calculate mileage and usage as "" $Purchase price x Mileage / 100,000 miles "". The mileage figure is the amount of miles on the odometer at the time of the first complaint. I have received my check. I don't know what I will be doing next but this whole thing has left me very annoyed with Lexus. I realize the outcome was favorable for me but had it not been for my attorney I don't where I'd be.

PhilipMSPT

iTrader: (5)

First and foremost, as horrible as the experience was, I'm glad to hear that everything is done and done. The past is the past, and I hope you move on with further and happier progress.

Second, I have had second-hand experience with attorneys and cases regarding buybacks and lemon laws. It is a hassle, but you go come up better in the end.

Third, I'm terribly sorry to hear that the ES did not work well for you. I can't even think if Lexus in general is working for you. I hope that whatever to get to replace your ES, it will fit you better.

Good luck and keep us informed with your progress. Take care.

MD350

Good for you!! I can't believe Lexus treated another customer like dirt. How many of these postings is it going to take before Lexus changes their P.R. policy on this tranny issue? Geez, you would expect more from Lexus. I might as well go by a Ford or GM product and probably get treated better.

wanderer99

Thanks for posting your update e-Mel. Your story is very similar to mine and others here... eerily similar! I'm glad you've been able to get out and will now be able to put this behind you. It feels really good when you don't have to deal with the "battle" between you and the dealership, and then you and Lexus. I do not miss my ES350 at all.

I wished I'd had a better experience with Lexus. That's what I've been most disappointed about, that I've somehow missed the great Lexus Experience. Oh well, time moves on I guess.

Best of luck with your next vehicle purchase!

2thfixr

Congrats on the resolution. I might suggest posting the info for your law firm as they now have experience with the tranny issue and negotiating a buyback from Lexus. I bet it would really help out other CL members in your area that have similar issues. I'm really surprised that there isn't a class action lawsuit filed yet. At the very least, Lexus should step up to the plate with a 6 yr/100k tranny warranty for all ES350 owners. BMW had some problems with the sulfer content in west coast fuel supplies so they extended the warranty on the entire drivetrain for 95 740iLs. MB did the same with the instrument cluster in the prev S-class. They extended the warranty to 10years/100k miles because they were prone to failure. I'm sure there are lots of other examples but those are the ones that stick out. Little things like this are a pain in the butt but a proactive good faith gesture is enough to maintain consumer confidence.

twister

I'm happy you got your money back! Who was your dealership in NJ?

Patric

Glad you made out OK but your story is another reason I am still on the fence about the ES. I plan to wait until the 08s are out and if Lexus doesn't resolve these issues by then I suspect they never will and my trusty old LS400 gets traded in on whatever else looks good for 08.

At least if I end up with a GM or Ford product I won't be as surprised or disappointed if they have issues because they don't give lip service to the pursuit of perfection as Lexus does.

Pat

e-Mel

Hi Twister,

It was Prestige Lexus in Ramsey.