Lemon Law & Buy Back Info and Experience

[salman]

I think it would be helpful to have a thread with information about Lemon Law buy back experiences, with a focus on practical information such as Ford contact information from buy back cases and pointers from experience in dealing with Ford. 

 

I am just initiating a buy back demand now (details on the 12 volt thread in this Maintenance, TSB & Recall section of the forum and also on a thread about the power windows in the Alarms, Keyless Entry, Locks section.

 

I know the details of the California Lemon Law, have all my records, and have the standard Ford contact address from the Owner's Manual & Warranty that the California law singles out for sending a certified return receipt letter. 

 

It would be helpful to know if any of you who have gone through the buy back process were able to find a specific address or phone number within Ford for processing buy backs.

 

Did any of you have your dealer participate in the process? In cases of buy backs or in cases of exchanges for another Ford?

 

[pjurek99]

Filed. Waiting. Attorney. 4 weeks now. One "conference call". Still sitting tight.

[mtb9153]

I think it would be helpful to have a thread with information about Lemon Law buy back experiences, with a focus on practical information such as Ford contact information from buy back cases and pointers from experience in dealing with Ford. 

 

I am just initiating a buy back demand now (details on the 12 volt thread in this Maintenance, TSB & Recall section of the forum and also on a thread about the power windows in the Alarms, Keyless Entry, Locks section.

 

I know the details of the California Lemon Law, have all my records, and have the standard Ford contact address from the Owner's Manual & Warranty that the California law singles out for sending a certified return receipt letter. 

 

It would be helpful to know if any of you who have gone through the buy back process were able to find a specific address or phone number within Ford for processing buy backs.

 

Did any of you have your dealer participate in the process? In cases of buy backs or in cases of exchanges for another Ford?

I just can't imagine having to resort to taking this action, I love my CMax despite it's flaws which granted don't seem to be nearly as much of a struggle as you have been through.  My Batteries have been 100% throughout my first year of ownership.  Maybe that is a trend prone to September and earlier 2012 build dates?  Jus, Maxine was another early build and I don't believe he had much if any trouble with dead batteries?

[Jus-A-CMax]

I just can't imagine having to resort to taking this action, I love my CMax despite it's flaws which granted don't seem to be nearly as much of a struggle as you have been through.  My Batteries have been 100% throughout my first year of ownership.  Maybe that is a trend prone to September and earlier 2012 build dates?  Jus, Maxine was another early build and I don't believe he had much if any trouble with dead batteries?

Brother Mike - yeah, October 2012 was the birthday for Maxine. As trouble free as it gets and when she was in Galpin took real good care of me and her. Reason why our family keep going back to the Galpin Auto Group for our vehicles.

Edited November 1, 2013 by Jus-A-CMax

[hybridbear]

A few FFH owners have gone through this. For one the process was seamless as Ford offered to buy his car back before he asked. He barely took delivery and then encountered some serious problems so Ford repurchased his car for full sticker price so that he could get a different one. There is a FFH owner going through this right now who has been posting updates on Blue Oval Forums in the Fusion section.

 

The owners manual explains the proper procedure for this. Check out the Customer Assistance section. Ford partners with the BBB Autoline Program for unhappy owners to use for buyback. The manual indicates that failure to follow the steps outlined in it can cause delays in your buyback process.

[salman]

I just can't imagine having to resort to taking this action, I love my CMax despite it's flaws which granted don't seem to be nearly as much of a struggle as you have been through.  My Batteries have been 100% throughout my first year of ownership.  Maybe that is a trend prone to September and earlier 2012 build dates?  Jus, Maxine was another early build and I don't believe he had much if any trouble with dead batteries?

 

MTB9153

 

You've been lucky. My build date is, if I recall correctly, Oct 2012. Bought it December 17, 2012, and then had my first window roll down on December 22 and first dead battery on December 23. Currently dead in the shop after bringing it in for another window opening episode. More than 4 tries to solve each problem. First dealer's service department was awful (they did not know how the 12 volt was charged and thought the battery gauge on the dash showed the charge level in the 12 volt battery!).. Switched in April to an excellent service department at another dealer, and they have done everything that one could want them to do. Problem is the engineers can't figure out the problems that the engineers created in designing the car.

 

Other than that, I love the car. Comfortable, great MPG, drives well, wonderful cargo space, and fun when it works.

 

My decision to ask for a buy back after a lmost a year of trying to get the problems fixed is based on 1) the hassle and time spent threshold of so many trips to the dealer, 2) the broader of evidence of widespread reliability problems provided in this forum and the recent Consumer Reports ranking as 4th most unreliable car, 3) the indications that Ford's engineers are still trying to figure out the systems that they built and 4) the clock ticking away on the legal limit for a buy back request and also on the warranty.

 

Now that I've participated in this digression, I hope the thread can focus mainly on practical information on buy back cases.

[wab]

mbedit and frbill have had their lemon's bought back, maybe they can share their experiences.

 

Send them a PM, they both visit the forum.

 

Both were SE's

[salman]

yes, I corresponded with mbedit about our electrical problems starting in January and then about his buy back process. I will ask him to please post a summary of his experience here. He kept a level head, was always polite, worked with Ford to try to fix the car through many battery failures and many weeks in the shop, and then Ford was very cooperative with him in arranging a vehicle replacement (he took another C-Max).

[salman]

Some basic info for anyone considering a buy-back/replacement demand :

 

1) keep full records of all service work and all correspondence with Ford. The more you have in writing the better.

 

2) look up your State's "lemon law" on the internet. Often the State Attorney General's Office or  Department of Consumer Affairs will have a synopsis of it on their websites and the BBB often does, too. Read carefully for the legal criteria for a strong case, especially regarding the kinds of problems that justify invoking the buy-back/replacement law, the number of incidents required, the number of repair attempts required, and details about how to go about making a buy-back or replacement request. The law probably also says something about how to determine the buy-back price, including deductions for use of the car and inclusion of taxes, fees, registration, rental costs  and even after-market additions/accessories.

 

Here, for example, is a link to a summary of California's "Lemon Law" from the State's Attorney General's Office:

http://oag.ca.gov/consumers/general/lemon

 

When you have good grounds for a buy-back/replacement you should be able to complete the process on your own, if you keep good records and can write a good, clean summary of the case. So far Ford seems to be properly responsive and responsible in processing most of the cases described by posters in this forum. But you should always be sure to meet all the requirements of the law for written complaints and records just in case you should need to take matter to third parties like the BBB, or to arbitration if your State has a provision for arbitration as an option, or, in the last resort, to the courts. In the courts you would most likely want and need a lawyer. 

 

3) A buy-back/replacement request can be initiated by calling Ford's Customer Care center: 800-392-3673. I did this. The agent I spoke with took my contact information, identified the vehicle, and requested information about the car problems and service history. She assigned a case number and then told me an investigator from their office would review Ford's records and contact the service departments that worked on the car. Then, if they think a buy-back is not merited, they would inform me by letter within 10 days. If they think a buy back is merited, within 15 days they would send a letter requesting paperwork, including a copy of the sale contract among other things. There would be more processing time after that. of course. (and if Ford says no then I would have the option of demanding arbitration, which Ford would need to abide by, and also the option of taking Ford to court either after arbitration or instead of arbitration, as per State law).

 

I was very thorough in describing the problems and service history. The Customer Care agent I got this time was excellent and I made a point of thanking her. I also made a point of praising the service advisor who has handled my car since April, though I also explained that switched to his dealership from the dealer that sold me the car because that first service department was unsatisfactory, and I explained why. Details in things like buy-back requests are crucial. I carefully described how the nature of the problems and repeated repair attempts exceeded the terms established in the California "Lemon Law."

 

Last, I made a point of saying that I would also submit the request in writing because this is sometimes required by State law and, besides, it is almost always good practice to have a written record, proof of mailing, and a receipt of delivery. The State Attorney General's page recommends it, in fact.

 

4) Then I drafted a letter that explained the repeated problems and the service history, and point by point showed that the case met the terms of the State's law, quoting and closely paraphrasing the  key sentences from the law the define the necessary severity of problems, number of necessary repair attempts, number of days in the shop, and also the calculation of buy-back price. The buy-back case number is on the heading of the letter and also on the envelope, and I included the Vehicle ID number in the letter and prior Customer Care case numbers. I appended copies of the entire service record and copies of my written correspondence with Ford Customer Care and the dealership where I bought the car. I also included a copy of the sale contract and copy of the certificate of title. I mailed the letter on November 1 by certified mail, return receipt request. Oh, I also made a point of complimenting the Customer Care agent who started the case for me over the phone and also my current service adviser.

 

I also dropped off a copy of the letter for the service adviser who has the car in his shop now. That way he will have full information if/when Ford contacts him, and the letter truthfully praises him for being top-notch at his job.

 

And now I am waiting. I will post updates when something happens.

 

It has been a lot of work. I am optimistic that Ford will be reasonably prompt and cooperative, based on the track record reported on this forum.

[Adair]

Salman, I am so sorry you are having to go thru this, but I'm grateful to you, on behalf of others in a similar position, for the time you took to put this post together. I'm sure it will be immeasurably helpful to others. 

 

I hope the process goes smoothly for you. Please do keep us posted.

[pjurek99]

In my case - I too contacted the Ford Cust. Service. They said that because my car was leased - I would have to turn to my leasing company. Then I decided to hire an attorney. Just did not want all the misunderstandings due to the language barrier. That was the reason.

 

Funny thing - back in Europe my company purchased a brand new Ford Focus C-max 1st Gen. 1.6TDCi. The car was towed to the dealership 3 times in the 1st year (brakes, turbo, electric). And at that time I promised myself to never go for Ford and never for C-max in particular. Now I know I had good intuition at that time in 2005.

[salman]

Received a call from Ford's legal office today to let me know my letter & packet of documents was forwarded to them by the Customer Care Center, and that they have sent the letter and docs to the investigative team. The investigators asked the two service departments I have used for their records, sending their request on Nov 1, the day after I callled in the buy back request. The legal office said my packet of documents could speed things up because sometimes dealerships can be slow to collect and send all records.

 

Meanwhile, my service department called me today to say I could pick up the car. They had it since Oct 28. Today was day 38 (cumulative tally) that my C-max has been in the care of Ford service. California Lemon Law generally defines a lemon as 4 or more repair attempts for a significant problem that lessens the use, value or safety of the car, OR 30 or more days in the shop for any number of problems in the first 18 months OR two tries to fix something that is a severe safety issue.

 

Buy back request goes forward.

 

Will pick up the car tomorrow and will post details in the Locks & Alarm about what was done.

Edited November 6, 2013 by salman

[hybridbear]

Thanks for sharing! We haven't had any major issues with our 2013 FFH but we're getting close to the 30 cumulative days in the shop which is referenced in the Minnesota Lemon Law. Most of the days in the shop were spent waiting for Ford to send parts. Almost all of our issues have been cosmetic issues (i.e. poor fit & finish) but we're now coming up on 30 days soon. If we pass the 30 day threshold within the next few months I might take some time to look into this because even though none of our issues were major mechanical problems, we still lost a lot of days in our car, spent a lot of money on gas driving to and from the dealer and driving around in 20 MPG rental cars and I've wasted more than 20 hours so far for extra trips to and from the dealer and in sitting around waiting for them to help me when I'm there.

[salman]

hybridbear

 

I do not know the Minnesota law, but it is probably similar to California's. Cal's was the first such law and the model for other states, especially those where all the children are above average. To the extent it is like California's law, my hunch, FWIW, is that cosmetic problems and part delivery delays would not by themselves make for a strong buy-back case.

 

However, your dealer and Ford probably should be giving you better service, and of course there should not be so many little build-quality problems. A few ideas that I have:

 

When these little problems crop up, could you continue driving your own car until the part comes in so the car does not have so much down time?

 

Does the dealer pay for the rental car? You could try asking Ford to pay for the difference in fuel costs if they are significant. If Ford does not pay for the rental, then they should.

 

You could ask Ford and the dealer for some modest compensation for all your time and trouble, perhaps a free oil change or two, or something like that. Sometimes it is a good idea to ask for something modest that dealer can do without losing sweat or much money. Sometimes it is better to ask open endedly, "what can you to do to improve this situation for me?" Occasionally it is better to shoot for the stars with a bigger request, but I think that only rarely the more productive choice.

 

Success in negotiations like this require some luck (you need to have an amenable counter party) and some skill, politeness, and charm to massage people into wanting to be helpful. Sometimes it works, sometimes it doesn't.

[Jus-A-CMax]

Thanks for sharing! We haven't had any major issues with our 2013 FFH but we're getting close to the 30 cumulative days in the shop which is referenced in the Minnesota Lemon Law. Most of the days in the shop were spent waiting for Ford to send parts. Almost all of our issues have been cosmetic issues (i.e. poor fit & finish) but we're now coming up on 30 days soon. If we pass the 30 day threshold within the next few months I might take some time to look into this because even though none of our issues were major mechanical problems, we still lost a lot of days in our car, spent a lot of money on gas driving to and from the dealer and driving around in 20 MPG rental cars and I've wasted more than 20 hours so far for extra trips to and from the dealer and in sitting around waiting for them to help me when I'm there.

 

Woah...thats news...sorry to hear about this hybridbear. Oh man, that suxs...hope they fix it soon, I think our 04 Jaguar spent like several months in the shop for its life so I can understand your frustration. Keep us up to date, please.

[hybridbear]

hybridbear

 

I do not know the Minnesota law, but it is probably similar to California's. Cal's was the first such law and the model for other states, especially those where all the children are above average. To the extent it is like California's law, my hunch, FWIW, is that cosmetic problems and part delivery delays would not by themselves make for a strong buy-back case.

 

However, your dealer and Ford probably should be giving you better service, and of course there should not be so many little build-quality problems. A few ideas that I have:

 

When these little problems crop up, could you continue driving your own car until the part comes in so the car does not have so much down time?

 

Does the dealer pay for the rental car? You could try asking Ford to pay for the difference in fuel costs if they are significant. If Ford does not pay for the rental, then they should.

 

You could ask Ford and the dealer for some modest compensation for all your time and trouble, perhaps a free oil change or two, or something like that. Sometimes it is a good idea to ask for something modest that dealer can do without losing sweat or much money. Sometimes it is better to ask open endedly, "what can you to do to improve this situation for me?" Occasionally it is better to shoot for the stars with a bigger request, but I think that only rarely the more productive choice.

 

Success in negotiations like this require some luck (you need to have an amenable counter party) and some skill, politeness, and charm to massage people into wanting to be helpful. Sometimes it works, sometimes it doesn't.

I wouldn't reasonably expect a buy back because I know it isn't a strong case. But I'm rather frustrated with the poor service from the dealer and with the poor build quality. If I contact Ford Corp about this it would be more to make a point than to really ask for buy back.

 

The dealer always pays for the rental car. I have complained to the dealer about the fuel costs but they aren't willing to do anything to help with that. We have tried to wait for parts to come in. The problem is that the dealer has broken some trim pieces trying to replace ones that were installed poorly at the factory which has then resulted in delays. The dealer has also made mistakes on their end where they keep the car waiting for parts to arrive that they never bothered to order. They also have failed to install the parts they do have in stock when we've brought the car in. At least once we dropped the car off with them for 3.5 days for them to replace some trim pieces that they had in stock. I also gave them a list of others that need replacing. During the 3.5 days they had the car they did nothing. They didn't replace the pieces that they had in stock and they failed to order the other trim pieces until I called them to follow-up when they'd already had our car for 3 days. When I found out that they hadn't yet ordered the other pieces and that those pieces would take at least a week to arrive I was fed up and just picked the car up again from them.

[C-MaxSea]

hybridbear

 

I do not know the Minnesota law, but it is probably similar to California's. Cal's was the first such law and the model for other states, especially those where all the children are above average. To the extent it is like California's law, my hunch, FWIW, is that cosmetic problems and part delivery delays would not by themselves make for a strong buy-back case.

 

However, your dealer and Ford probably should be giving you better service, and of course there should not be so many little build-quality problems. A few ideas that I have:

 

When these little problems crop up, could you continue driving your own car until the part comes in so the car does not have so much down time?

 

Does the dealer pay for the rental car? You could try asking Ford to pay for the difference in fuel costs if they are significant. If Ford does not pay for the rental, then they should.

 

You could ask Ford and the dealer for some modest compensation for all your time and trouble, perhaps a free oil change or two, or something like that. Sometimes it is a good idea to ask for something modest that dealer can do without losing sweat or much money. Sometimes it is better to ask open endedly, "what can you to do to improve this situation for me?" Occasionally it is better to shoot for the stars with a bigger request, but I think that only rarely the more productive choice.

 

Success in negotiations like this require some luck (you need to have an amenable counter party) and some skill, politeness, and charm to massage people into wanting to be helpful. Sometimes it works, sometimes it doesn't.

 

Great advice Salman.  It is always a fine line we walk with car dealers through the purchase process and then on to the service department.  Firmness, politeness .......... you nailed it  with your last comment.  I had a couple issues with ours at delivery, and understanding my position & negotiating well led to full repairs, no dollars out of pocket, and a free maintenance plan. Both the dealer & Ford stepped up and cooperated fully.  :)  :) :)  Nick

Edited November 7, 2013 by C-MaxSea

[salman]

hybridbear

 

leaving the build quality problems aside .  . .

 

wow, sounds like a poorly run service department.

 

You say you are in Minneapolis, so there must be several other dealerships you can go to for service. No need to take it where you bought it.

 

I think a conversation with Ford's Customer Care Center would be appropriate. Have them start a case file, describe the issues over the phone, and write up a clear letter outlining the service history. Append copies of the service records. Estimate your costs in a conservative way.  Judgement call as to whether you should ask for something in particular or just ask if they will please make amends to you and let them decide how. I think I'd do the latter.

[BIG ROCCO]

I don't know if this helps, but in 1986, I bought a new 1986 Merkur xr4ti.  After 2 years of leaking (5 speed manual) transmission problems, even after they airfreighted in a new trans from Germany, (which leaked from a different place!) I went and spoke to the owner.  I told him I loved the car otherwise, so he suggested FoMoCo buy it back, which they did, I paid for the miles used, and I get a new 1988 model.  I don't remember the exact miles on the car or cents per mile, but I seem to remember I paid $5,200 and got a better equipped model, with leather, power windows, and better stereo...something like that.  The 1988 probably listed for ~$20K in those days.  That car was flawless until I traded it in in 1990 on a Sable, since my NE US sales territory was expanded to include Upstate NY and I needed something that would actually be drivable in the snow.  Even with 4 snow tires, the xr4ti was useless in more than 3-4 inches of snow.

 

My dealer was very receptive to pleasing me and went to bat with FoMoCo on my behalf, and Ford never fought it - they wanted me to be happy, too.  The car always ran well - never broke down or anything...it just dripped tranny fluid which left spots on the driveway and/or blew back on the exhaust and made a smell.  I never made any threats; there was never any hint of an adversarial relationship from anyone; I think Ford stood behind their car and it paid off for them: In addition to the 1986, I have owned the '88 Merkur, '00 Sable, '92 Topaz, '05 Lincoln LS, and now the '13 C-Max...(plus several GM cars) all good, trouble free cars...so far. (The LS was the best - a few repairs done under warranty, but not even one repair I ever paid for in 8 years.  Had the original brakes at 78K miles when traded in on the C-Max, and I didn't exactly drive it conservatively!)

 

Anyway, that's what happened to me in the 80s - maybe things are different now.

[salman]

so far the buy back cases related to 12 volt system problems that have been reported on this forum have gone smoothly, with I think one exception in which the owner sounded to have processed the request incorrectly (and this then was corrected).

 

I do not recall reading about a protracted buy back fight over a CMax

 

If it is an obviously significant issue that obviously crosses the legal lines in terms of repair attempts, then there is no upside for Ford to fight it.

 

I wish the reliability issues were not hitting us. The car is a great concept

[drdiesel1]

Get the buyback and buy an Energi.

[frbill]

Get the buyback and buy an Energi.

 

That is exactly what I did (albeit the Fusion variety) and I am loving EVery (get it EV ery  :dance: ) mile since I made the switch.

 

Peace,

 

Fr. Bill

[salman]

copied from the "windows rolled down" thread in the Alarm & Lock section since this also updates the unfolding buy-back story:

 

Picked up my car today. It was ready yesterday after 8 days in the shop.

 

The solution to the window self-opening problem was to disable the feature, which the manual says can be done by dealer service departments. The Ford tech hotline advised my service department to disable the feature, and the service department followed the tech hotline's instructions. Along the way the car was dead for about 6-7 days, as explained above (see other thread for details). And when they pulled out the car today I tested the global open feature . . . . and it was still active, not disabled.

 

Given that my buy back case is under review I thought there was no point to giving service the car to work on again. But I did ask them to revise the service receipt to reflect the fact that the global open feature is still active (i.e, the procedure to disable global open did not work). They also needed to revise the service receipt to reflect the car passing through the valley of death during its time in the shop. 

 

When a buy back case is initiated the normal service routine changes a little bit. Issues get booted up to the service manager and Ford starts to consider whether they should cut their losses. To the extent a buy back is likely, then it makes less sense to expend a lot of money on repairs. Of course, if Ford were to try to refuse a buy back, then Ford remains responsible for the warranty (unless and until a buy back is won in arbitration or in court).

 

I still think very highly of the service dept at Airport Marina Ford. They've done all the right things. The problems are in the engineering end of the company.

 

Car ran beautifully on the way home. The CMax is a great idea. When it works it is a great car. But reliability issues and down time in the shop and the failure of engineering to find fixes for their problems  (and projected repair costs post warranty when the shop time would be on my tab! yowzaaa!) are a killer for me.

[mbedit]

I haven't been on the forum for awhile and peeked in to day and saw this thread.

 

Yes, I did invoke the Lemon Law in NC and exchanged my C-Max for another exactly the same.

 

Here's my basic experience and suggestion for anyone unfortunate enough to go through this process.

 

1. Having recurring issues are frustrating, but always treat everyone one with courtesy and respect. I just can't emphasize enough how much of a role that plays when you finally get to the point where you say "its time to for a buyback". Its the difference between the dealer, the service folks and everyone being your advocate, or you just being  another rude dude that they don't care about.

 

2. Keep your'e documents and document everything. For example, if your dealer won't give you a rental while your car was in the shop, that is compensation the manufacture owes you. You could also get compensated for time off you had to take from work to resolve the issues. But you need everything to be meticulously documented.

 

3. When you have a warranty issue, you need to call Ford, open a case and get a representative assigned sooner rather than later. In my case, the second time it was dragged in for a dead battery in 1 week I knew it wasn't right.

 

4. Know the Law and your rights. Lemon laws vary in each state. For example In NC having your vehicle in the shop to repair the same issue 3 times within the first 18 months of owning it, or more that 30 days for a single issue with-in a 12 month period during the initial factory warranty are the criteria in NC. Other states are different.

 

5. In almost all states, you need to give the manufacture the opportunity to fix the issue. This is different from just taking it to the dealer. The dealer is not the manufacture, thus you are responsible to write and notify Ford of the issue, that fact that it hasn't been repaired, and that you are asking them personally to fix the issue. Its a good idea to do this sooner rather than later because if you bring you're car in 5 times in a row to fix the issue and and then you write the request, they still get the chance to fix it, and your level of frustration has likely been reached.

 

6. I was told that because I just wanted another vehicle that worked, the buyback went quicker. In other words, since they didn't actually have to give me a refund the process may be shorter, but its hard to say if thats true or they were just trying to reassure me that an exchange was a better choice.

 

7. Consider getting a Lemon Law lawyer to handle your case. I actually contacted one, but didn't use them. Federal law requires that the manufacture pay any and all fees for the Lawyer. This is to protect the consumer who, is out a large chunk of cash for buying a high priced item and as such may not have funds to put cash up front to correct the problem. If I were to re-do one thing, I think I would have retained the lawyer. this is because...

 

8. Once Ford initiates the buyback you're case goes to an external outsourced company that Ford uses to handle the final processing. This is the most frustrating part of the process. Ford and the dealer actually do a decent job of communicating and making you feel like a valued customer. The processing company don't care at all. It becomes obvious that their job is to minimize financial exposure to Ford. In my case, they actually violated NC law by using old actuaries to compute my liability. When I complained and pointed out to them that they were in violation of NC law, they gave a "take it or leave" response. This ended up being about an extra $400 I had to pay out pocket to get a functioning and working vehicle. In the end Ford rectified the issue by giving me service coupons and extending my warranty that exceeded that amount, which really didn't cost them anything, but It did make me feel like I at least got something for the extra money I had to spend.

 

9. If you decide to use the Lawyer, and your taking a cash settlement, the manufacture can offer a lump sum of which the lawyer will take their cut. Ultimately you can accept or deny any offer, but the risk you incur with the lawyer is that the manufacture will low ball you because they are incurring the cost of your lawyer. On an exchange, I think they would be more effective because they would bill the manufacture directly, they know the state laws, and can advise and help get you through the entire ordeal quickly.

 

10. Stay on Ford to do the right thing (but always be polite), and in the end they will. As I said, Ford promised a warranty upgrade, as part of the resolution to extra costs and time Incurred, and I had to to follow up three times to get them to actually do it... and in the end it took having the services Representative at the dealer help get it done. This was a perfect example of how being polite and respectful the the people involved turned them into my advocate. The service rep went out of his way to call the Ford regional rep and made sure that what was promised was linked into my electronic account so that everything was correct.

 

Ultimately I replaced my SE with another SE that was exactly like it. I did get an emergency starter because of the bad experience, and during the 10 months since I had one incident where my battery was dead, but it was diagnosed as an actual defective battery, replaced and it has been running excellent for 8 months, which is more than the 1st one did (if died after three weeks).

 

I really like the vehicle and its been getting (actual) 43 MPG on average, which actually exceeds my expectation, I bought it expecting to get 40MPG (I just didn't believe the sticker of 47). My replacement has performed well, and with all the rebates and extras, in the end I probably paid < $1000 MSRP.

[salman]

Mbedit

 

Thanks for posting about your experience and your wise advice.

 

I did not know that Ford outsources the final exchange/buy back paperwork to a third party that can fiddle with the numbers. If/when Ford does that, there are judgment calls to be made about negotiating strategy, and turning the case over to a lawyer is certainly one option we all have. By this point in the process Ford would have already admitted that a buy-back/exchange is merited. For that reason I think the mere mention by the customer of possibly handing the case to a lawyer would sometimes be effective. Ford's hirelings shouldn't do that sort of thing. If that happened to me, I think I might get in touch with Ford's office of legal counsel directly, point out the error, and ask if they would correct the problem with me - letting them know that there is a more costly alternative for them if they won't agree to crunch the numbers according to the law. It is important to be both 100% accurate if you do that and to always be polite.

 

In California, the dealer service department is considered a "representative of the manufacturer" and so bringing the car to dealer service counts as giving Ford the opportunity to repair the car. Are you sure that in N.C. the dealer does not count as a representative of the manufacturer? Whatever the answer is to that, your advice to contact Ford Customer Care and to write to Ford itself early in the process is still spot on and very important. It establishes a record at Ford, gives the owner a written record, eliminates any potential question about not having given Ford full and proper notice, and it probably also tells Ford that the owner is serious, attentive to detail, and is unlikley to give up on getting things set right (whether by repair, exchange or buy back).