Experience with 'Lemon Law' and Volvo

Hello:

How old is the vehicle? My understanding is that in Virginia one must file a lemon law claim within 18 months after the date the vehicle was delivered to the consumer.

I'm not a lawyer, so realize I am NOT offering legal advice; rather, I'm offering my reading of what black-letter law in this situation and under said statute appears to be in your state.

I'd suggest writing a firm but polite letter outlining the situation to the service manager of the dealership and giving them 7 days to respond with a remedy. Advise them if they can't rectify the issue--and at the dealer level they may not be able to do so easily--the you would like to know who to contact at Volvo of America.

Note that most manufacturers use arbitration to resolve lemon issues. Nearly all use an arbitration service provided by the Better Business Bureau (bad, in my opinion) but Chrysler and Ford have their own arbitration programs, but I'm not sure if the Ford program includes Volvo.

Be sure to send the letter certified mail with a return receipt requested--and keep copies of all documents.

Here's an excerpt from the Virginia DMV:

"If your new vehicle is a lemon, Virginia's Lemon Law requires the dealer who sold you the car to refund your money or replace the vehicle."

"How do I know if my vehicle's a lemon?

If you have tried unsuccessfully to have your new vehicle (purchased in Virginia) repaired three or more times for the same problem, or the vehicle has been out of service for more than thirty days in one year, your vehicle may be classified as a lemon under the Virginia Motor Vehicle Warranty Enforcement Act."

"

's a link to the full text of the actual Virginia statute: you are unable to reslove this with Volvo of America and decide togo to trial, Virginia is a good place to have that happen. I've readquite a few cases and generally the juries have decided almostunilaterally in favor of the plaintiff. Good Luck, and let us know how it works out.

Doc

Hello Matt:

This is a followup to my previous reply a bit earlier today.

First, allow me to apologise for any typos. I just read my reply and see a few typos and grammatical errors.

Now, what I may not have stressed appropriately in my last reply is that the dealer may have little to say about what happens--so they are caught in the middle and you are at the end of the "chain" as it were.

I'd advise you to be polite but firm with the service manager and dealer if it seems they are trying to help.

DO understand that Volvo will often NOT tell them about certain issues that SHOULD be covered by warranty.

If the service department and manager at your dealer appear to be bending over backwards to help you, give them the benefit of the doubt--and ask whom you should contact at Volvo of America corporate.

Also...forget about e-mails or a phone call to corporate as they will be read and "delegated" to a "file" (aka round file or trashbin) by someone who has no say in what happens.

Best bet?

Write a letter to the CEO of Volvo Cars North America LLC:

Volvo Cars of North America, LLC Attn: Anne Belec, CEO

7 Volvo Drive Rockleigh, New Jersey 07647

Will she personally read your letter? Probably not, but one of her aides or assistants will and will bring it to her attention so she (or one of them) can make a decision.

If you come across as a loyal Volvo owner who is upset and trying to resolve the issues in a reasonable manner, my guess is you will hear from someone soon. The key is to be polite and provide documentation of the problems and how they were not resolved thusfar.

If you write an irate and hotheaded letter it will likely be ignored.

You seem like an intelligent man, so I'm not disparaging you in any way but many miss this point.

I do understand your frustration--and if you don't have any luck please get back to me and I'll endeavor to find the right person for you to speak with at Volvo.

Actually, I'll be visiting my local dealer tomorrow and can get more info on whom you should contact and see what issues they have had on the XC 90..so wait a day until writing Anne Belec.

Could well be this can be resolved without escalating it to her level.

Ohhh..forgot to mention that on safety issues like SRS it's a slamdunk for the plaintiff and the manufacturer never wins in VA.

The LAST thing Volvo wants is a jury trial on this sort of issue. They know well it will cost them a lot more than replacing the vehicle or giving you a refund.

Also, under the VA Lemon Law there is usually a "three strikes" issue--but that does not apply for things like airbags.

Unless I misunderstood your original post, the SRS sensors have been replaced FOUR times? That is unacceptable.

Kindest Regards,

Doc

Doc,

Thanks for your wise counsel.

Hopefully the dealer/. Volvo wil offer some sort of deal on a new XC90 (e.g. just chargefor mileage on this one).

Will let you know.

I never thought I'd witness a "Monday" car from Volvo that needed more repairs than my MGB.

Matt.

I suggest you see a lawyer. I bet you can get a new car for free/cheep out of this deal....

I have been through the whole process already with my 99 V70 T5 EU delivery. The same experience - in and out of the shop all the way till over 2 years 40k miles. In Bay Area I always drove a new volvo replacement cars and my car was always washed and waxed at the dealership for free. On average once a month service. The only problem was when the new replacement cars blew the engines, etc. :-) After the all sensors and electronic accessory was replaced - sometimes multiple times the car got stable and drove with no issues till some

100k miles. I never qualified for the Lemon Law in California which is written with the manufacturers interest in mind. After 100k miles it is a different story - sell the car well before that or become volvo hobbyist with a full set of tools, jacks OBDII readers, etc.

What's the year and mileage? Mileage probably doesn't matter, just a curiosity.

How many times into the shop, and how many time into the shop for the same problem? In my state it must be into the shop 3 times for the same problem, plus other factors apply which can't remember at present.

Keep all receipts, (sure you're doing this anyway)

Make a note of all conversations with dealer, date, time, who you spoke to, problem discussed, etc.

Here is where you may have some leverage:

"way too many repairs"

Confirm everything dealer said in this particular conversation as best you can, write a letter confirming what he said and send it back to him registered / return receipt requested, etc.

Just a few suggestions, take it for what it's worth.