Case for HHR Buyback, do I have one?

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Apr 17, 2007 | 11:54 AM

#11

GDZHHR

Senior Member

Joined: 04-30-2006

Posts: 9,149

From: Maryland Heights, MO

Quote:

Originally Posted by Honorius

Spring Break Thursday March 23, 2006. My lemon law in Kansas states that the part has to be fixed 3 times and still broken, rubbish.

I'd be willing to bet there is more to it. Most also take into account how many TOTAL days it was in for repair. make sure you read the whole law carefully. Especially #4.

Hope this helps.

Quote:

Kansas Lemon Law Statutes

Statutes 50-645 - 50-646

Statute # 50-645
Motor vehicle warranties; definitions; consumer rights and remedies; enforcement by attorney general.

As used in this act:
1. "Consumer" means the original purchaser or lessee, other than for purposes of resale, of a motor vehicle; and
2. "motor vehicle" means a new motor vehicle which is sold or leased in this state, and which is registered for a gross weight of 12,000 pounds or less, and does not include the customized parts of motor vehicles which have been added or modified by second stage manufacturers, first stage converters or second stage converters as defined in K.S.A. 8-2401, and amendments thereto.
If a motor vehicle does not conform to all applicable warranties, and the consumer reports the nonconformity to the manufacturer, its agent or its authorized dealer during the term of any warranties or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranties, notwithstanding the fact that such repairs are made after the expiration of any such term or such one-year period.
If the manufacturer, or its agents or authorized dealers, are unable to conform the motor vehicle to any applicable warranty after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a comparable motor vehicle under warranty or accept return of the vehicle from the consumer and refund to the consumer the full purchase or lease price including all collateral charges, less a reasonable allowance for the consumer's use of the vehicle as calculated from the most recent edition of Your Driving Costs, published by the American automobile association. Refunds shall be made to the consumer, and lienholder if any, as their interests may appear. A reasonable allowance for use shall be that amount directly attributable to use by the consumer and any previous consumer prior to the first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair. It shall be an affirmative defense to any claim under this act that:
1. An alleged nonconformity does not substantially impair such use and value; or
2. a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of a motor vehicle by a consumer.
If the manufacturer receives actual notice of the nonconformity, it shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties, if:
1. The same nonconformity which substantially impairs the use and value of the motor vehicle to the consumer has been subject to repair four or more times by the manufacturer or its agents or authorized dealers within the term of any warranty or during the period of one year following the date of original delivery of the motor vehicle to a consumer, whichever is the earlier date, but such nonconformity continues to exist;
2. the vehicle is out of service by reason of repair for a cumulative total of 30 or more calendar days during such term or period, whichever is the earlier date; or
3. there have been 10 or more attempts to repair any nonconformities which substantially impair the use and value of the motor vehicle to the consumer and such attempts to repair have been attempts by the manufacturer or its agents or authorized dealers.
The term of any warranty, such one-year period and such thirty-day period shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, strike, fire, flood or other natural disaster.
If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of title 16, code of federal regulations, part 703, as from time to time amended, the provisions of subsection (c) concerning refunds or replacement shall not apply to any consumer who has not first resorted to such procedure.
The attorney general shall have jurisdiction to enforce this section.

Statute # 50-646 Same; other remedies.

Nothing in this act shall in any way limit or affect the rights or remedies which are otherwise available to a consumer under the uniform consumer credit code, or to any person under the uniform commercial code, or to any person under this or any other law statutory or otherwise.

Apr 17, 2007 | 12:10 PM

#12

Honorius

Thread Starter

New Member

Joined: 07-10-2006

Posts: 19

From: Emporia, KS

Thanks! After reading that, to me I do not have a case. I could make a case under 4.1 that my shifter issue was replaced 2x but I complained about it 4 times, 2 of the times they did not do anything or they adjusted something. For 4.2, the car has been fixed same day and I know it has not been in the shop for 30 days. For 4.3, it may have been in the shop 10 days to get things looked at or fixed/adjusted. If the dealer does not contact by end of business day Wednesday, I will probably go out there and russle some feathers.

Apr 17, 2007 | 12:59 PM

#13

hhrcrafty

Banned

Joined: 10-24-2006

Posts: 1,761

From: The Show-Me State

You're better off contacting the KS Attorney General's office's consumer protection division and filing a request for lemon law enforcement. They will be able to tell you whether or not you qualify under the KS law.

Apr 17, 2007 | 01:07 PM

#14

Honorius

Thread Starter

New Member

Joined: 07-10-2006

Posts: 19

From: Emporia, KS

Kinda funny that it seems that you all have DBM HHR's. Wait, that is my licence plate, lol. If I hear nothing, I will talk to them Thursday and mention that I will take my case to the Attorney General to see what they have to say.

Apr 17, 2007 | 01:16 PM

#15

GDZHHR

Senior Member

Joined: 04-30-2006

Posts: 9,149

From: Maryland Heights, MO

I would also talk to GM, remember no one at your dealer (mostly) works for GM, they work for the dealer.

Apr 17, 2007 | 01:19 PM

#16

Honorius

Thread Starter

New Member

Joined: 07-10-2006

Posts: 19

From: Emporia, KS

Any particular person I need to ask for at GM?

Apr 17, 2007 | 01:21 PM

#17

GDZHHR

Senior Member

Joined: 04-30-2006

Posts: 9,149

From: Maryland Heights, MO

I'd start with Customer Relations and move up the ladder from there. Make sure you have all of your documents in front of ya when you call so you can give them all the dates/issues correctly.

Apr 17, 2007 | 01:28 PM

#18

AZHHR

New Member

Joined: 04-09-2007

Posts: 15

From: Some where

Your dealer knows what they are doing and has the upper hand.

I think you should hire a lawyer and spend a few more years fighting with GM and wasting your hard earned money OR just go and trade the HHR in for another new vehicle that wont give you such a big headache and be done with it.