At what point do lemon laws kick in?

In Texas. Everything I've looked up online is kind of vague.

The issue is at 9,987 miles, my main sensor failed. None of the safety sense systems work and since the cruise control is tied to the adaptive cruise control, neither version is functional. My dealership ordered the replacement part on May 31st. Just spoke with my dealership and have been told that the part has been pushed back another month for the 3rd month in a row. Toyota Brand Engagement has done nothing useful, just keeps apologizing which doesn't fix my truck.

At what point do I say "Screw y'all, give me my money back".

According to Texas lemon laws, the dealership is supposed to have a "reasonable" number of opportunities to fix it. Well, it's been 3 months with no resolution, but my dealership hasn't made an attempt to fix it yet as they have not been able to acquire the part - supply chain issue; not the dealership's fault. Toyota Corporate has been zero help.

Anybody run into any similar experiences?

 

Relief under the Lemon Law is available to eligible consumers. The process is simple, easy-to-follow and includes the following:

1. The consumer files a Lemon Law complaint with the $35 filing fee with the Texas Department of Motor Vehicles and provides notice of the complaint with a last opportunity to repair defect to the applicable manufacturer.
   • For the fastest processing of your complaint, go to the Motor Vehicle Dealer Online Complaint System.
2. The complaint is reviewed by Lemon Law Section administrative staff and the assigned TxDMV staff case advisor for completeness of the complaint and eligibility for statutory relief, and an attempt to resolve the complaint through mediation between the parties will be made.
3. If unresolved, the matter will be referred for a hearing before an assigned hearing examiner in which both parties will be able to present their case. For information about the hearing process see the Office of Administrative Hearings.
4. The hearing examiner will issue a final written decision to the parties on the matter within 60 days after the close of the hearing; and
5. Either party may challenge the final order by filing a motion for rehearing with TxDMV. If still dissatisfied, the aggrieved party may file an appeal with a state district court in Travis County, Texas.

 

I live in Pennsylvania and years ago I got some relief through lemon law on a POS GMC Acadia that we bought new. But if memory serves me the dealership needed three separate attempts to resolve the same problem - unsuccessfully. Not sure if the laws have changed or are different among states. Plus the parts issues may complicate things. Good luck.

 

Texas has a 30 day test

You pass the 30-day test if your vehicle has been out of service for repair because of a defect covered by the original factory warranty:

• For a total of 30 days or more - not necessarily all at one time - during the first 24 months or 24,000 miles (if a comparable loaner vehicle was provided while the vehicle was being repaired, that time does not count toward the 30 days) a substantial defect still exists.

 

The supply chain issues will complicate this. Sucks for all parties involved, but can't really hold their feet to the fire if they cannot get the parts needed to remedy the problem.

 

And that's the thing. I'm still driving it. Truck runs fine, just no cruise control, not blindspot monitoring, etc. And the dealership hasn't had a chance to repair it because they can't get the part. And Toyota Brand Engagement is basically, "Sorry that happened to you, nothing we can do to expedite things, that sucks, oh well."

 

Yeah, my issue is not with my dealership at all; they've been great. My issue is Toyota not being able to acquire the part. They're still building trucks, so the part is available. They're just not about to take one allocated to a soon to be built truck they can get money for. Screw the guy who has already paid for his.

 

I’d be willing to bet if you file a lemon law that Toyota will be calling you within a couple days with a solution. They don’t want that attached to their brand.

 

I'm more than happy to give Toyota a chance to fix it. But they gotta get the damn part first. I realize there are supply chain issues; it's an issue at my job as well. But 3 months with no resolution for a truck I paid damn near $60K for? Toyota needs to figure out a way to get it done.

 

Odd to be discussing lemon law-ing a vehicle that you can drive perfectly fine. Supply chain issues suck. Not using cruise control isn’t that bad, is it?

 

1) Like I said, I paid $58K+ for the truck. I expect everything to work as it should and if not, for the issue to be addressed in a timely fashion.
2) I'm currently dealing with plantar fasciitis in my right foot. Yeah, no cruise control is that bad if the drive takes more than 20 minutes or so.
3) The attitude I'm getting from Toyota (not my dealership, but Toyota) is "We already have your money, so we're not interested in putting any real effort into expediting a resolution. The part will get there when it gets there. Sucks for you, but that's how it goes sometimes."

 

I think you are going to run into a couple of sticking points. 1- Courts are going to so this as non-essential functionality. 2- most lemon laws require you to give the manufacturer 3 attempts at fixing any 1 given issue. 3- the fact that you are still driving it does not help your case. Maybe go back and make the dealer put you into a loaner and sit the truck until they fix it. Not saying they will do it but that would surely make your case stronger as then Toyota would be footing that loaner car charge back.

 

So the only parts that exist on the earth that could fix your non-essential issue (sorry, but that’s how Toyota sees it) are for new trucks that are already allocated by dealers. I think your expectation to be taken care of is reasonable until you start saying “they need to get it done” while also saying “they can’t get it done until their suppliers supply the part”.

If you can’t drive without cruise and you don’t see an end in sight, start the lemon law process.

I remember seeing one guy on here whose ‘22 sat at the dealer waiting on a front coilover assembly for several weeks. His truck was a lemon law candidate—all because one single unallocated coilover did not exist in the world.

 

Well, nevermind on all this. The dealership just called me about 10 minutes ago and told me the part finally arrived, so hopefully the issue will be resolved before the end of the day.

Just hope I don't run into any more issues until the supply chain gets back in order.

 

Man I hope so.

 

Well, so much for that. Sensor replacement did not fix the problem.

 

They said they think it's a wiring issue. The tech working on it just went to lunch and will dig into it more when he gets back.

 

My coworker in is Houston and had issues with his Jeep Grand Cherokee forward facing sensor for adaptive cruise and auto braking. What he told me was that, because its an electronic issue, it could not be lemon'd. I dont know if that was true or not but he ended up trading it in.

That was the second JGC he had an issue with though. The first one actually did get lemon'd and was bought back. The second one with the sensor issues was the replacement.

 

Starting to miss the simplicity of my '09 SR.

 

I can imagine how frustrating it'll be if it turns out to be fixed by something that didn't require waiting for a part.

 

Finally fixed. Turns out a wiring harness in the tailgate was defective. They ended up pulling one off the floor room model so I wouldn't have to wait on another part order.

Sounds like the original tech that examined it wasn't exhaustively thorough on the diagnosis and made some aasumptions based on past experience.

 

Yup. they would prefer to buy you out plus a few dollers for the hassle. or you keep it as is and they give you good will $$. Hyunda did that for my daughter. keep car and gave her 3k or by back for what we paid for it minus a small amount for millage. she was not even the first owner. bought through carmax then sold it to carmax and took the good will money from hyundai and bought a new car.