View Poll Results: Is this couple justified for suing Ford over the color of their lemon replacement?
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Couple sues Ford because Escape lemon replacement is wrong color
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From: California
Couple sues Ford because Escape lemon replacement is wrong color
Couple sues Ford because Escape lemon replacement is wrong color
The self-proclaimed "King of Lemon Laws" strikes again. This time with a couple in Wisconsin whose 2010 Ford Escape was in the shop for more than 30 days due to transmission problems. The couple hired Vince Megna after Ford replaced their Sangria Red Escape (shown above) with a stone-colored interior with a Steel Blue 2012 model with a darker charcoal-colored interior.
Ford claims that it properly followed the procedure of the Wisconsin lemon law, which Ford's lawyer argues requires automakers to replace the lemon with a similar vehicle, not an exact replacement. The judge presiding over the case compared this color issue to a black Cadillac versus a Mary Kay-pink Cadillac. If the Porters win the lawsuit, they will be able to receive as much as double the price of the $25,000 Escape in compensation as well as any attorney's fees.
http://www.autoblog.com/2013/01/07/c...s-wrong-color/
Lexus Champion
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I don't know the laws so I can't say if it is right or wrong legally.
I thought most lemon laws value the car at a percent of MSRP and give you a price for a buy-back. So the replacement is your choice entirely.
I thought most lemon laws value the car at a percent of MSRP and give you a price for a buy-back. So the replacement is your choice entirely.
Lexus Fanatic
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From: Virginia/D.C. suburbs
Originally Posted by Hoovey2411
The judge presiding over the case compared this color issue to a black Cadillac versus a Mary Kay-pink Cadillac.
Having said that, though, I would not want a black car, or a black interior.....for a number of reasons. I probably wouldn't accept a black car as a replacement, but I probably wouldn't have a problem with any other color (even though I often complain about funeral-home colors in my auto reviews)
Last edited by mmarshall; Jan 8, 2013 at 09:12 AM.
No, I don't play soccer!
Joined: Jul 2009
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From: NJ
I did an MSRP swap in my lemon law case settlement against Ford. I was able to choose any Ford vehicle. I couldn't pocket the difference if it was less though. So I selected the same vehicle, different color. Obviously I would have preferred to get my money back but realized I had options when I settled - under my terms of course. I didn't have to keep the new Ford. I dropped off the lemon, took delivery on the new Ford, and traded it in on my first Lexus all in one day
The Porters could sell the Steel Blue Escape and get one in Sangria Red. It's not worth another lawsuit IMO.
The Porters could sell the Steel Blue Escape and get one in Sangria Red. It's not worth another lawsuit IMO.
Lexus Test Driver
Joined: Nov 2007
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From: NV
I only skimmed over Wisconsin's lemon law statute but the relevant part with regard to this news story appears to be 218.015(2)(b)2.a., which obligates the manufacturer to "replace the motor vehicle with a comparable new motor vehicle".
Legally, it depends what is meant by "comparable". We can't get an idea of what that means without looking at past court cases that have had this issue. Obviously, Ford's argument is that a different color car satisfies "comparable".
From a business standpoint, it seems to lack prudence to play legal games when a customer has already suffered through having to deal with a lemon. It just stinks of bad customer service, and now Ford gets the (probably deserved) bad press via the publication in media sources of this lawsuit.
I noticed that Sangria Red was not available on the 2011 Escape (which Ford tried to use as a replacement vehicle). I wonder if Ford made any attempt to offer an Escape in a similar color.
That's besides the point. The judge was establishing the basic merit of the lawsuit by using the example that people will value a black car and a pink car differently.
Legally, it depends what is meant by "comparable". We can't get an idea of what that means without looking at past court cases that have had this issue. Obviously, Ford's argument is that a different color car satisfies "comparable".
From a business standpoint, it seems to lack prudence to play legal games when a customer has already suffered through having to deal with a lemon. It just stinks of bad customer service, and now Ford gets the (probably deserved) bad press via the publication in media sources of this lawsuit.
I noticed that Sangria Red was not available on the 2011 Escape (which Ford tried to use as a replacement vehicle). I wonder if Ford made any attempt to offer an Escape in a similar color.
I don't think one can compare this case to a Mary-Kay-Pink Cadillac (sometimes Mary Kay also gave out pink Buicks and Pontiacs as well). To qualilfy for a pink Mary Kay vehicle, it wasn't just a case of following lemon laws......a person actually had to do something by being a good salesperson, and that, of course, took work. The salesperson (usually female) had to earn that car.
Last edited by gengar; Jan 8, 2013 at 12:47 PM.
Lexus Fanatic
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From: Virginia/D.C. suburbs
What this article doesn't mention is that, often, the manufacturer, after taking back a lemon-car from someone, turns around and simply resells it to someone else, though CarFax records are now making that easier to detect.
Perhaps....maybe so. But since the judge did mention a Mary-Kay pink Cadillac, I felt it was necessary to point out what I thought was difference between this case and what a Mary-Kay case would be.
BTW, the Mary-Kay Cadillacs may have been called pink (and the company actually has a patent on that particular shade), but, in reality, it is closer, at least IMO, to a subdued pinkish-beige. It's not a stand-out pink color by any means.
Here's a Mary Kay CTS:
That's besides the point. The judge was establishing the basic merit of the lawsuit by using the example that people will value a black car and a pink car differently.
BTW, the Mary-Kay Cadillacs may have been called pink (and the company actually has a patent on that particular shade), but, in reality, it is closer, at least IMO, to a subdued pinkish-beige. It's not a stand-out pink color by any means.
Here's a Mary Kay CTS:
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Lexus Champion
Joined: Aug 2012
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From: TN
As for "Mary Kay Pink", Mary Kay does own the trademark on that particular shade of pink. As part of the deal for getting the free car, you do have to paint it a different color before you sell it down the road.
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Lexus Test Driver
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I think the main issue here was what is considered a "comparable" vehicle.
Ford did not give them the same color....however, they offered a model TWO years newer than the plantiffs' lemon. I think Ford's contention is that a car 2 years newer is more than comparable....even if the color was not the same.
Ford did not give them the same color....however, they offered a model TWO years newer than the plantiffs' lemon. I think Ford's contention is that a car 2 years newer is more than comparable....even if the color was not the same.
Lexus Champion
Joined: Aug 2012
Posts: 4,592
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From: TN
I think the main issue here was what is considered a "comparable" vehicle.
Ford did not give them the same color....however, they offered a model TWO years newer than the plantiffs' lemon. I think Ford's contention is that a car 2 years newer is more than comparable....even if the color was not the same.
Ford did not give them the same color....however, they offered a model TWO years newer than the plantiffs' lemon. I think Ford's contention is that a car 2 years newer is more than comparable....even if the color was not the same.
Racer
Joined: Nov 2010
Posts: 1,363
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From: NY
Not sure Ford just throw it to them or not.
I must agree that Ford need to let the customer choose the color they prefer. What is so difficult for Ford?? You have a unhappy customer with a lemon of your own, just ask them which color they want. Its not like they want a Ford GT as replacement.
I would have done the same if I'm the owner.
I must agree that Ford need to let the customer choose the color they prefer. What is so difficult for Ford?? You have a unhappy customer with a lemon of your own, just ask them which color they want. Its not like they want a Ford GT as replacement.
I would have done the same if I'm the owner.
Lexus Fanatic
Joined: Oct 2003
Posts: 94,226
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From: Virginia/D.C. suburbs
Not sure Ford just throw it to them or not.
I must agree that Ford need to let the customer choose the color they prefer. What is so difficult for Ford?? You have a unhappy customer with a lemon of your own, just ask them which color they want. Its not like they want a Ford GT as replacement.
I would have done the same if I'm the owner.
I must agree that Ford need to let the customer choose the color they prefer. What is so difficult for Ford?? You have a unhappy customer with a lemon of your own, just ask them which color they want. Its not like they want a Ford GT as replacement.
I would have done the same if I'm the owner.
Racer
Joined: Nov 2010
Posts: 1,363
Likes: 48
From: NY
It's not always that simple. Sometimes interior or exterior colors are dropped partway through a model-year production. I ran into that once myself, years ago in 1999, when I ordered my new Saturn. I wanted the Silver-Plum color (a gorgeous Amethyst-like shade). They dropped it not even two weeks before I did the paperwork. ...and I had to settle for my second-choice, Blackberry (a very dark maroon/purplish-black).
Last edited by grabber2; Jan 18, 2013 at 12:20 PM.
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