(Closed) Need advice about evoking Lemon Law.

posted 5 years ago in The Lounge
Post # 32
3225 posts
Sugar bee
  • Wedding: May 2015

BakerBee16: K. Good luck in your future Dodge Dart! 

Post # 34
955 posts
Busy bee
  • Wedding: November 1999

But here’s the thing– sounds like OP has only been offered a replacement Dart.


WTF would want a new lemon?  I would be pressing them for a refund.  


Abd that seems to be the disconnect here– OP doesn’t want another Dart, so if she took Dodge’s first offer here, it would cost more money OOP for a more expensive car in the Dodge/Chrysler/Jeep fleet.  And honestly, if this were me, I’d want my money refunded and I would go out and buy a Honda.


But Dodge has not offered a refund, no?


They have offered a replacement car at the same MSRP.



  • This reply was modified 4 years, 7 months ago by  .
  • This reply was modified 4 years, 7 months ago by  .
Post # 35
927 posts
Busy bee

BakerBee16:  I’m thinking you’re not getting it across very well, but is it this: They are only willing to  provide you with another car from THAT dealership, and unless you accept another Dodge (which you no longer trust) you will need to pay another few thousand for the next type of car they have. So that’s why you want a bit extra to bridge the gap. But if  they were willing to just refund the amount you originally paid you’d be able to go ANYWHERE to get another car and then you wouldn’t be trying to get the extra. Is that the problem? If they are unwilling to give you a refund then I get where you’re coming from. If I were you I’d be pushing for the refund so I could just be back at the starting point. 

Also, sorry to be petty but you mean invoke not evoke, and incur not incure.

ETA: JaneyDcat replied while I was replying and I think she said it better than me!

Post # 36
3225 posts
Sugar bee
  • Wedding: May 2015

JaneyDcat:  “The reason we were still contemplating the attorney is because Dodge said we have to get a vehicle at the same MSRP as the Dart. They said they *might* be able to help us with any out of pocket costs if we decide on a more expensive vehicle. I didn’t know if they would be more willing to help us with that if we had an attorney.”

The OP is not considering an attorney to help her with getting a refund – she is considering an attorney to help her with getting something, that she is not owed, for free. I think you and I agree – I would never have bought a Dodge in the first place – that she should buy something else. But she shouldn’t expect Dodge to pay for her new Honda Civic, she should ask for a refund and see what their response is. If they refuse then an attorney might be a wise person to consult with – but not in an effort to get more than she is legally entitled to. 

Although I do have to argue with your and the OP’s sentiment of “who would want a new lemon.” Isn’t the definition of a lemon car one that is defected – aka it is not a representative of all of those cars? Presumably, if the OP did her research on Dodge Darts and the results were positive and it seemed like a good car and hers just had some issues, then the next one would be okay. Again, I wouldn’t buy a Dodge at all, but the OP apparently liked something about it. 

My other suggestion to the OP (although obviously she doesn’t want to hear mine and my comprehension is low) is perhaps they could look in to a used, low mileage car from the dealership that is worth the same amount as the new Dart and get something that is a nicer/better car and has proven to not have “issues”, while not being OOP extra money. 

Post # 37
1310 posts
Bumble bee
  • Wedding: April 2015

Correct me if I am wrong, but it doesn’t sound like OP has even asked directly for a refund yet.  I would try that before I went the lawyer route.  At this point you can’t have made more than one car payment yet, so you would need them to cancel the loan and refund the payment and/or down payment if you made one.  It’s at least worth asking.  I would never have bought a Dodge Dart in the first place so I don’t know how much they cost, but I would get out of the loan and go straight over to Honda or Toyota.

Post # 38
1019 posts
Bumble bee
  • Wedding: August 2014

Woooow. Take it from someone who is currently fighting Hyundai tooth and nail to just to get them to address my warranty concerns on my new car and who has gotten the run around with another manufacturer to address really poorly built vehicle that spent almost it’s entire first year in the service bay. 

As far as vehicle manufacturers go, they are being incredibly generous. I would love it if mine offered me a replacement. I would take the exact same make, model, and trim. I’d even take one that had a few extra clicks on it.  

The issue is most likely not all Dodge Darts. It’s your particular Dodge Dart.

A “Friday car”, if you will.

Lemon lawsuits are a loooooot of time and stress and work wasted. Just get a new Dart and see how it goes? You get another lemon, maybe then you sue their asses. 

ETA: Now I’m thinking maybe I’ll get a Dodge next time.

Post # 39
42 posts

Go with the attorney. I am currently involved in a lemon law suit for my new ford escape and you dont have to pay a dime out of pocket. if you have any specific questions about it just send me a message as i have been going through this for a few months now of having my car in the shop for 28 days then another 31

Post # 41
3222 posts
Sugar bee
  • Wedding: September 2016

The idea with lemons is that every once in a while there is a vehicle which doesn’t work like it should. It doesn’t mean all  vehicles of that type are bad, it means that one vehicle is defective. So while emotionally I can understand your frustration and not wanting a Dart… Just because one breaks and you had the bad luck to get that one doesn’t mean you will have that shitty luck the next time. Depending on where you are, the law may be that they have to give you a replacement vehicle OR a full refund, but it may not entitle you to the latter (which you could then take to put towards a different vehicle). 

I expect the out of pocket expenses the lady was referring to may have been things like your registration and fees for switching over your car insurance, rather than just giving you free money for a “better” car. If you aren’t happy with the idea of a dodge or a Chrysler, why not ask about their certified preowned cars?

Post # 43
2087 posts
Buzzing bee

In my experience, once you mention an attorney, the company is going to stop working with you and refer you to their legal department. You arent going to scare them into a better deal by hiring the attorney, you’re just going to make them stop trying to work with you. 

Is the offer for a new car coming from Dodge or the dealership? If its from Dodge, I would research other vehicles in the Dodge/Chrysler/Jeep family that are of the same MSRP than the Dart, and see if one can be transferred to you if your local dealership doesnt have anything but Darts. 

I agree with previous posters though in that you arent entitled to a more expensive vehicle just because you feel like you should be. Perhaps them saying they might work with you on out of pocket costs means they’re willing to discount those costs from a more expensive vehicle, but I doubt you paid so much in repairs to make up the entirety of the difference. For instance if the Dart costs 20k, and you spent 1k in repairs and you choose a Jeep at 25k, I’m willing to bet “working with you” means they’d offer the Jeep at 24k to account for the out of pocket costs. If you choose something more expensive, you’re on the hook for whatever the difference is, an attorney isnt going to help you with that.

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