Dealer has had FRS in shop for 3 weeks for engine rebuild, advice?

[Tcoat]

Originally Posted by pcguru2000

A vehicle is a “lemon” if the following
criteria are met within 18 months of delivery to the buyer or
lessee or 18,000 miles on the vehicle’s odometer, whichever
comes first:
1 The manufacturer or its agents have made two or more
attempts to repair a warranty problem that results in a
condition that is likely to cause death or serious bodily
injury if the vehicle is driven;
2 The manufacturer or its agents have made four or more
attempts to repair the same warranty problem; or
3 The vehicle has been out of service for more than 30
days (not necessarily all at the same time) while being
repaired for any number of warranty problems; or
4 The problems are covered by the warranty, substantially
reduce the vehicle’s use, value, or safety to the consumer
and are not caused by abuse of the vehicle;
5 If required by the warranty materials or by the owner’s
manual, the consumer has to directly notify the
manufacturer about the problem(s), preferably in writing.
The notice must be sent to the address shown in the
warranty or owner’s manual (for bullets 1 and 2).





Not 3, only two is needed if problem could be proven in court to cause great bodily injury or death, if not then 4 or more attempts under warranty within time frame.



Did the first attempt occur within 18 months of delivery or 18K miles? If yes, the lemon law time frame and mileage will Toll (Tolling is a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations, such that a lawsuit may potentially be filed even after the statute of limitations has run).

Has it been in the shop for more than 30 days total with this problem and can #4 below be proven.

On the downside, be prepared to rebutt Toyota's claim that the vehicle was abused. They tore apart the engine, I'm sure they took pictures of things that might be prima facie evidence of abuse, in their expert opinion. You won't know this (unless they are stupid and tell you) until discovery, and at that point, you have a the right to find a better expert than toyota to rebutt the expert opinion of toyota in court, either by fact, bias, or other means to make the expert look less credible.

Now that everything is going the way of arbitration, their may be more loose or strict discovery rules.

In no way that the statement above encompasses legal advice, opinions, etc. Using the information above at your own risk. Your best bet is to consult an attorney that is an expert on California lemon laws. Be sure you bring everything with you (receipts, notes of conversations, phone calls, etc). Once you talk to your attorney, if he tells you that your case is not good, then try to work with toyota on an amicable solution. You might also look for a federal Lemon law attorney (someone that is allowed to practice in federal court) as the federal lemon laws are more vague. You might also want to chat with your attorney about the nuisance of filing this as a state lemon law or federal lemon law court/arbitration case and the advantages/disadvantages. This would depend of course on the sales contract for the car and what you agreed to as dispute resolution and venue.

Another thought is, you can be extremely nice and explain to them that you love Toyota and that you (and possibly wife/girlfriend/kids) will be loyal Toyota customers for XX years to come and the small amount they will spend on getting your compensated in infinitesimally small compared to the gross amount you (your gf/wife/kids) will spend on purchasing new Toyotas, etc etc etc. I tried this approach with Mitsubishi when something was out of warranty and corporate paid for the work to be done out of warranty.

He has a 2013 and the issue occurred in March of 2018. I highly doubt that Lemon Law still apply. In fact I don't even understand how it is warranty work unless he as under 60K miles or bought the extended. Must have got in just under the wire.

[SGP90]

Originally Posted by Tcoat

He has a 2013 and the issue occurred in March of 2018. I highly doubt that Lemon Law still apply. In fact I don't even understand how it is warranty work unless he as under 60K miles or bought the extended. Must have got in just under the wire.

Yep. I appreciate the detailed and informative post though. Bought the extended warranty but the issue actually occurred 5 days before my factory powertrain warranty expired lol.

[steelheart100]

Originally Posted by SGP90

Yep. I appreciate the detailed and informative post though. Bought the extended warranty but the issue actually occurred 5 days before my factory powertrain warranty expired lol.

Ok. Well at worst if they don’t buy it back then they have to fix it I would think.

[SGP90]

Got my car back today (5/10). They said the main issue was the VVTI gear but they dealt with a myriad of other issues along the way. It ran fine for the first 20 miles. Was cruising tonight (under 4k since it's a new engine) and started hearing intense knocking, followed by the battery light, then the EXACT same issue again! Check engine light, vsc light, loss of power, but this time with knocking and smoking.

Car is sitting in my driveway undriveable. Tomorrow will call corporate and dealer to further investigate the buyback process, which I started last week. No way I'm leaving my car at the dealer again after they spent 41 days working on it for the same issue to reoccur to a worse degree.

Smoke - https://i.imgur.com/eGQcksR.mp4
My twin - https://i.imgur.com/si6WhTW.jpg

[humfrz]

Well, DARN, what an aggravation ........

I think it's time for you to get a different car ...... that one is jinxed ......


humfrz

[SGP90]

Seems to be a broken accessory belt, which will be installed tomorrow, will post updates. In another rental for now.

[steelheart100]

Wow are you serious?!!! Now it’s knocking and smoking damn!! What the hell did they do?! I thought I was in a bad situation. I feel for you brotha.

[SGP90]

I got my car back yesterday after the accessory belt was replaced. When I pulled up to my driveway the car was steaming again (engine wasn't overheating though) and oil was all over the engine bay. Took it back to the dealership today and it's definitely not coolant burning off. They're stumped. Back in a rental (my third rental) and on day 48.

[Tcoat]

Originally Posted by SGP90

I got my car back yesterday after the accessory belt was replaced. When I pulled up to my driveway the car was steaming again (engine wasn't overheating though) and oil was all over the engine bay. Took it back to the dealership today and it's definitely not coolant burning off. They're stumped. Back in a rental (my third rental) and on day 48.

Jesus dude I am glad that I am not stuck with that dealer!
Burn the thing to the ground (the car not the dealer).

[Tristor]

Honestly sounds like the dealer techs don't know what they're doing... Have you asked Toyota corporate about alternative repair facilities?

[steelheart100]

Originally Posted by Tristor

Honestly sounds like the dealer techs don't know what they're doing... Have you asked Toyota corporate about alternative repair facilities?

I was thinking that same thing. Those guys at that don’t know what they’re doing.

[SGP90]

Got car back yesterday. They couldn't diagnose any issues, they just ran a thorough diagnostic test and cleaned the engine bay of oil. Obviously it was only a matter of time before the issue reappeared. Today the check engine light turned on along with a very loud ticking noise from engine (belt issue again?). I am definitely not taking it back to a dealership. I have an open buy back case with Toyota and am keeping corporate informed.

[steelheart100]

Toyota is buying mine back too. Check engine light came on 2 weeks after I bought it and they weren’t able to figure out what’s wrong with it. It drives great just they can’t make the light stay off. So I should be getting the particulars on the buy back soon. I’m not getting another. Not goin to try for number 3. I lost my 2015 to the hurricane we had here and now this with my 2017. I’m getting something else. I guess I’m not meant to have this model car.

[SGP90]

Originally Posted by steelheart100

Toyota is buying mine back too. Check engine light came on 2 weeks after I bought it and they weren’t able to figure out what’s wrong with it. It drives great just they can’t make the light stay off. So I should be getting the particulars on the buy back soon. I’m not getting another. Not goin to try for number 3. I lost my 2015 to the hurricane we had here and now this with my 2017. I’m getting something else. I guess I’m not meant to have this model car.

That's a bummer. Any idea what type of valuation they give for buybacks? Good luck.