Texas Lemon Lawyers?

[VAF84]

Can anyone recommend a good Texas Lemon Lawyer? I just had my second buy back attempt rejected, and I'm pretty much over the situation with my truck. Out of my 110 days of ownership, it has been in the shop for 41 as of today. That's 37% downtime with no end in site, going to see what my options are.

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[LazyLightningATX]

No recs. other than googling ones in your area. Assuming they didn't give you a 'comparable loaner', as that would count against the 30-day lemon clock here it sounds like you got a pretty good case and I think the process is pretty clear so anyone with experience should be able to take care of you. What issues are you having, out of curiosity...battery module?

 

[VAF84]

The first drop in resulting in going into limp mode during my first week of ownership; they said was related to a TSB for a battery module according to Mac Haik in Austin.

Now, my truck is stuck 900 miles away from home waiting for a coolant valve that is on national backorder with zero ETA (since Feb); and now I'm struggling to figure out how I'm going to get home and get my stuff back with me. It's been a very stressful few weeks trying to figure out if my truck would be ready in time for the completion of my project, or shopping potential backup vehicles in case the buy back was approved. Lost usability as I drive daily to a construction zone and do "truck stuff" with it.

The dealer up here is way better w/ customer service and loaners than the one back home. However, I've been driving an STX w/o all the nice things that are standard LER. Been freezing my tail off w/o autostart and heated seats/steering. Also no BC or adaptive cruise on my long drives which I've gotten used to. First world problems; grateful for it, but def not a comparable vehicle. I was warned I'd be charged if the bed of the loaner truck got scratched up, so can't really use it. No frunk extra space or bed cover; so now I may need to rent a small trailer if I can get a rental truck to get home. Just sucks.

 

[Tony Burgh]

All I could hear is that damned jingle
Diving a lemon, make the call
To 1 800 LEMON LAW

 

[VAF84]

All I could hear is that damned jingle
Diving a lemon, make the call
To 1 800 LEMON LAW

lol, can't beat simplicity. I'll check it out, thanks!

 

[WildBlue]

Can anyone recommend a good Texas Lemon Lawyer? I just had my second buy back attempt rejected, and I'm pretty much over the situation with my truck. Out of my 110 days of ownership, it has been in the shop for 41 as of today. That's 37% downtime with no end in site, going to see what my options are.

May I ask how you approached Ford with the buy back request? Did you write them a letter? Did you just talk to someone on the phone or a combination of both? Just curious.

 

[VAF84]

May I ask how you approached Ford with the buy back request? Did you write them a letter? Did you just talk to someone on the phone or a combination of both? Just curious.

Twice went through the FMC customer service rep assigned to my case. I just told her I wanted to initiate a buy back request and both times denied by them; they really should offer a written rejection. At this point it's clear my vehicle has been out of commission for more than 30 days without a comparable loaner. I guess they'd rather take the chance that I'll be too lazy to follow though.

I'd completely forgotten that I should have sent a certified note to Ford early in the process requesting a fix within 30 days as a start to the lemon law buy back process if I decide to try doing it on my own. I just filled it out and plan to send off tomorrow if I have everything ready.

 

[WildBlue]

I'd completely forgotten that I should have sent a certified note to Ford early in the process requesting a fix within 30 days as a start to the lemon law buy back process if I decide to try doing it on my own. I just filled it out and plan to send off tomorrow if I have everything ready.

If you're planning on involving a lawyer, you might consider consulting with one prior to writing any new letters to Ford as that would become your lawyer's job. Typically, lemon law lawyers are paid if they win their case by the manufacturer. However, if that happens, any fees the lawyer collects from the manufacturer will be treated as taxable income to you. This was due to a change in Trump's 2017 tax cut bill that treats these fees as income in legal cases. Sucks, but just know about it going in. It's likely still very much worth it you to get a buyback anyway.

One other question: did Ford attempt to force you into arbitration? Typically, BBB Autoline is used to handle arbitration cases, but like any arbiter, they are biased to whomever is paying their salary, which are auto manufacturers. Your lawyer will be able to tell you whether arbitration outcomes are binding on the consumer and/or the manufacturer in Texas.

 

[VAF84]

If you're planning on involving a lawyer, you might consider consulting with one prior to writing any new letters to Ford as that would become your lawyer's job. Typically, lemon law lawyers are paid if they win their case by the manufacturer. However, if that happens, any fees the lawyer collects from the manufacturer will be treated as taxable income to you. This was due to a change in Trump's 2017 tax cut bill that treats these fees as income in legal cases. Sucks, but just know about it going in. It's likely still very much worth it you to get a buyback anyway.

One other question: did Ford attempt to force you into arbitration? Typically, BBB Autoline is used to handle arbitration cases, but like any arbiter, they are biased to whomever is paying their salary, which are auto manufacturers. Your lawyer will be able to tell you whether arbitration outcomes are binding on the consumer and/or the manufacturer in Texas.

I'm doing more research, and may go the DIY route. My new concern is that my case may not be enough to motivate quick movement from a lawyer. I did not know the lawyer's paid fees would become taxable income either. Step one was to send the 30 day notice. Step two is filing through the state of Texas website. Not sure where it goes from there, but I'm walking my way through it.

Ford tried to refer me to BBB if I was not happy with the rejection. I don't feel the BBB route would be as effect. However, that's my assumption without any factual basis.

 

[F150ROD]

I'm doing more research, and may go the DIY route. My new concern is that my case may not be enough to motivate quick movement from a lawyer. I did not know the lawyer's paid fees would become taxable income either. Step one was to send the 30 day notice. Step two is filing through the state of Texas website. Not sure where it goes from there, but I'm walking my way through it.

Ford tried to refer me to BBB if I was not happy with the rejection. I don't feel the BBB route would be as effect. However, that's my assumption without any factual basis.

I’ve read on various forums that the BBB route tends to work. Not sure though.

 

[VAF84]

I’ve read on various forums that the BBB route tends to work. Not sure though.

Thanks, that's encouraging. As I'm compiling my info I guess I will keep it as an option.

Welcome any feedback from the community on either of those options.

 

[WildBlue]

I'm doing more research, and may go the DIY route. My new concern is that my case may not be enough to motivate quick movement from a lawyer. I did not know the lawyer's paid fees would become taxable income either. Step one was to send the 30 day notice. Step two is filing through the state of Texas website. Not sure where it goes from there, but I'm walking my way through it.

Ford tried to refer me to BBB if I was not happy with the rejection. I don't feel the BBB route would be as effect. However, that's my assumption without any factual basis.

Generally, the buyback process goes something like this:
1. Write a letter to corporate stating the facts of your case. Refer to the RO numbers, the issues that were not fixed, the days out of service, etc. Keep emotion out of your letter. State what resolution you are seeking.

2. Allow 30 calendar days for a response from corporate. The response might be a call from a case manager or a written letter. It is possible that you will be informed whether or not you will need to go through arbitration or not.

3. If you have to go through arbitration, you will basically be submitting a form of your original complaint from step #1, broken down into individual issues that are fixed or not fixed. A cursory review will be done by the arbitration company case manager and they will submit the claim to the manufacturer and await their response in writing, which will usually take another 30 calendar days.

4. Based upon the manufacturer response (either they dispute certain items or everything), you will need to push the case forward for a ruling by an arbiter, which will be assigned to your case at that point. A "hearing" date will be set. Be prepared by having an outline of your case ready for the hearing.

5. If the company doesn't force arbitration and still denies your request from step #1, then you will need to seek a lawyer to push the case further. Typically, the lawyer will collect all the relevant information from you and make a determination on whether they will take your case.

6. If the lawyer takes your case, you will no longer be involved in communication with the manufacturer as your lawyer will be your proxy. The lawyer will typically site state lemon law or the Federal Magnuson-Moss warranty act as their legal basis for a lemon law claim.

7. The manufacturer and lawyer will duke it out and if the manufacturer concedes, they will draw up an offer letter that you will go over with you lawyer. It will spell out who pays for what (including lawyer fees), if there are any adjustment charges. Typically, the manufacturer will try hard to get an adjustment based on current mileage, but your lawyer should get them to take that out or reduce it.

8. If the manufacturer decides to fight, then the case will go to court and then things get more spicy. The cost of the case will go up for both parties -- I am not sure if these additional fees will be awarded back to you if you win in court or not. That's a question for your lawyer, obviously.

If you get to an offer letter from the manufacturer, it will contain 3 choices:

• buyback or
• replacement with a new like vehicle or
• "cash and keep" they will give you some cash if you keep the vehicle and sign away your current and future lemon law claim rights.

This was basically the path I had to take in a lemon law case a few years ago with Jeep. The idiots at Jeep laughed at me on the phone as they denied my claim. I told them that I would win in the end and they hung up on me. Got a lawyer involved and the eventually conceded, but Jeep dragged their feet. What an awful company Chrysler is. They are on my banned-for-life list at this point.

 

[VAF84]

Generally, the buyback process goes something like this:
1. Write a letter to corporate stating the facts of your case. Refer to the RO numbers, the issues that were not fixed, the days out of service, etc. Keep emotion out of your letter. State what resolution you are seeking.

2. Allow 30 calendar days for a response from corporate. The response might be a call from a case manager or a written letter. It is possible that you will be informed whether or not you will need to go through arbitration or not.

3. If you have to go through arbitration, you will basically be submitting a form of your original complaint from step #1, broken down into individual issues that are fixed or not fixed. A cursory review will be done by the arbitration company case manager and they will submit the claim to the manufacturer and await their response in writing, which will usually take another 30 calendar days.

4. Based upon the manufacturer response (either they dispute certain items or everything), you will need to push the case forward for a ruling by an arbiter, which will be assigned to your case at that point. A "hearing" date will be set. Be prepared by having an outline of your case ready for the hearing.

5. If the company doesn't force arbitration and still denies your request from step #1, then you will need to seek a lawyer to push the case further. Typically, the lawyer will collect all the relevant information from you and make a determination on whether they will take your case.

6. If the lawyer takes your case, you will no longer be involved in communication with the manufacturer as your lawyer will be your proxy. The lawyer will typically site state lemon law or the Federal Magnuson-Moss warranty act as their legal basis for a lemon law claim.

7. The manufacturer and lawyer will duke it out and if the manufacturer concedes, they will draw up an offer letter that you will go over with you lawyer. It will spell out who pays for what (including lawyer fees), if there are any adjustment charges. Typically, the manufacturer will try hard to get an adjustment based on current mileage, but your lawyer should get them to take that out or reduce it.

8. If the manufacturer decides to fight, then the case will go to court and then things get more spicy. The cost of the case will go up for both parties -- I am not sure if these additional fees will be awarded back to you if you win in court or not. That's a question for your lawyer, obviously.

If you get to an offer letter from the manufacturer, it will contain 3 choices:

• buyback or
• replacement with a new like vehicle or
• "cash and keep" they will give you some cash if you keep the vehicle and sign away your current and future lemon law claim rights.

This was basically the path I had to take in a lemon law case a few years ago with Jeep. The idiots at Jeep laughed at me on the phone as they denied my claim. I told them that I would win in the end and they hung up on me. Got a lawyer involved and the eventually conceded, but Jeep dragged their feet. What an awful company Chrysler is. They are on my banned-for-life list at this point.

Appreciate the detailed write up, invaluable! So I think I may be done with the first two pages. I have a case with Ford and the rep twice ran it up the buy back side. Sounds like Arbitration is step two via the BBB. Sounds like a better option than using the State of Texas website and trying to proceed on my own.

I can't believe the Stellantis guys laughed in your face, that's bs.

 

[WildBlue]

Appreciate the detailed write up, invaluable! So I think I may be done with the first two pages. I have a case with Ford and the rep twice ran it up the buy back side. Sounds like Arbitration is step two via the BBB. Sounds like a better option than using the State of Texas website and trying to proceed on my own.

I can't believe the Stellantis guys laughed in your face, that's bs.

It was just a psychological ploy to attempt to discourge me. But it just made me angrier. However, because I had to involve a lawyer, that's when I later found out about the tax implications for lawyer fees paid. In that instance, it was about $3000 in fees that the manufacturer paid, but I had to pay the income taxes on those monies even though I never saw a penny of it. Messed up, but that's how it went down.

 

[VAF84]

It was just a psychological ploy to attempt to discourge me. But it just made me angrier. However, because I had to involve a lawyer, that's when I later found out about the tax implications for lawyer fees paid. In that instance, it was about $3000 in fees that the manufacturer paid, but I had to pay the income taxes on those monies even though I never saw a penny of it. Messed up, but that's how it went down.

If they'd laughed at me as they kicked me while I was down, I would happily pay the income tax, lol. I'm just mentally exhausted with this truck. I traded a perfectly good one-year old Denali pickup for this because I thought it'd make my life easier. Instead, it has become an albatross around my neck in ways I never imagined.

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