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Old 08-18-2008, 01:34 PM   #1 (permalink)
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Question Arbitration-Lemon Law Question

I'll first start out by saying I'm not a troll. I know there are alot of "cheerleaders" on here (not that there is anything wrong with that). I love the tundra but have been very unsatisfied with MINE. Mine is in the shop again for the 4th oil leak and the excessive movement in the driveshaft that was recently replaced. You can read all about it here: Buyers Remorse . Talked to the general manager of the dealership this morning and he assured me he would make sure it gets fixed. My question is: has anyone been through the process of arbitration with Toyota and what should I expect if we get there? Should I get an attorney? I sincerely hope they can get it fixed this time but I don't have alot of confidence. So, I am starting to research what my options are. Anyone have personal experience?
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Old 08-18-2008, 02:27 PM   #2 (permalink)
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I tried to find you some info , some are older , but they state some things about it NCDS arbitration is a joke! Toyota, I'll see you in court! [Archive] - NewCelica.org Forum

this appears to be thier Arbitration rules TOYOTA ASSOCIATE DISPUTE RESOLUTION ("T-ADR")

Hope this helps you , and sorry they have'nt taken care of it , Bill .
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Last edited by ramoine : 08-18-2008 at 02:29 PM.
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Old 08-18-2008, 02:28 PM   #3 (permalink)
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I haven't been through that before, but yeah it sounds like you got it right...get an attorney and let Toyota know that you aren't messing around! I would def go for the lemon law idea too...When vehicles are manufactured there are bound to be a few that don't work out (lemons) the manufacturers know it, dealerships know it, and buyers know it. If you have a lemon then hire a lawyer and let him off leash!

oh yeah...good luck!
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Old 08-18-2008, 02:31 PM   #4 (permalink)
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my buddy called up the GM at Irvine BMW when his (used) bmw turned out to be a lemon.

they didnt ask any questions .. they said bring it back, we'll pay you back your down payment, and all payments you've made until now (about 9 months worth).
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Old 08-18-2008, 02:37 PM   #5 (permalink)
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Thought this may help as well Lemon Law Statutes by State
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Old 08-18-2008, 03:12 PM   #6 (permalink)
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Avoid arbitration. Check the statute of your state, most provide for the Manufacturer paying for your counsel. Also, most lemon - law Attys. defer billing until the end of the case so no money( $2500 - 3000 ) out of your pocket. If so, immediatly get counsel AFTER getting your paperwork in order
( arrange paperwork ( work orders, final reciepts for work done against each W/O) in chronological order. Make at least one copy of this "case file".
Should be a simple proceedure ( about 30 - 45 days ).
Whan shopping Attys. ask how many Toyota cases he / she has done in the last month / 6 months. You need an Atty. with a good relationship with the Toyota representation -- this means the right Atty will only take air - tight cases so no BS games. Saves time and makes for a good relationship.

Sorry you have a problem - truck.
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Old 01-30-2009, 10:22 AM   #7 (permalink)
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my arbitration hearing was yesterday and now i have to wait ten days for a decision. i felt i did a fairly good job stating my case. the toyota rep was very professional (probably law backround) and straight to the point, seemed like her entire defence was a picture of inside the bed of my truck, yes there was some dents inside the bed because i use it like a truck, not to mention its not very strong metal. no matter what the arbitrator decides im happy i had the opportunity to tell someone from toyota the problems i have had and currently having with their product. there was also a surprise visit from the dept of consumer affairs BBB. although the arbitrator could make them buy the truck back i think they will just have to fix it, and i would be happy with just that. untill then im still a proud owner of a 2007 toyota tundra.
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Old 01-30-2009, 10:54 AM   #8 (permalink)
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Quote:
Originally Posted by Tundra Rev View Post
Avoid arbitration. Check the statute of your state, most provide for the Manufacturer paying for your counsel. Also, most lemon - law Attys. defer billing until the end of the case so no money( $2500 - 3000 ) out of your pocket. If so, immediatly get counsel AFTER getting your paperwork in order
( arrange paperwork ( work orders, final reciepts for work done against each W/O) in chronological order. Make at least one copy of this "case file".
Should be a simple proceedure ( about 30 - 45 days ).
Whan shopping Attys. ask how many Toyota cases he / she has done in the last month / 6 months. You need an Atty. with a good relationship with the Toyota representation -- this means the right Atty will only take air - tight cases so no BS games. Saves time and makes for a good relationship.

Sorry you have a problem - truck.
Exactly what he said. I am going through the same thine right now and they will "grade" your case prior to taking it. The total process time is about 6-8 months on average with all manufactures. My costs are filing fees (it varies from county to county) and hand delivery fees to the manufacture hq. Other than that its just a waiting game right now. Mine started the second week of November.
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Old 01-30-2009, 10:58 AM   #9 (permalink)
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Exactly what he said. I am going through the same thine right now and they will "grade" your case prior to taking it. The total process time is about 6-8 months on average with all manufactures. My costs are filing fees (it varies from county to county) and hand delivery fees to the manufacture hq. Other than that its just a waiting game right now. Mine started the second week of November.
arbitration takes 40 days in california. i filled out the application dec 31 2008 and my hearing was yesterday jan 29 2009.
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Old 01-30-2009, 12:57 PM   #10 (permalink)
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Well sctundra , I'm glad you finally got your chance ! Hope it turns out in your favor and you get the satisfaction you deserve .
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Old 01-30-2009, 01:10 PM   #11 (permalink)
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Well sctundra , I'm glad you finally got your chance ! Hope it turns out in your favor and you get the satisfaction you deserve .
thanks ramoine
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Old 01-30-2009, 01:27 PM   #12 (permalink)
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I filed arbritration and i thought it went really well until i got the decision in the mail. I lost the case and i looked at my statement. They reworded everything i said and it said i said nothing broke it just leaked. Well it did break and they said i didnt qualify. I just filed lemon law and i lost again because they said i have a lift on my truck. I took the lift off when they told me to in June. They fixed the truck no problem with the lift and now they are saying it voided my warranty. Since the truck has been stock the truck keeps having problems. I filed lemon law again with my lawyer put going a little different route. Its a very frustrating long process and i hope it works out with you. Let me know if you have any questions.
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Old 01-30-2009, 02:40 PM   #13 (permalink)
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I filed arbritration and i thought it went really well until i got the decision in the mail. I lost the case and i looked at my statement. They reworded everything i said and it said i said nothing broke it just leaked. Well it did break and they said i didnt qualify. I just filed lemon law and i lost again because they said i have a lift on my truck. I took the lift off when they told me to in June. They fixed the truck no problem with the lift and now they are saying it voided my warranty. Since the truck has been stock the truck keeps having problems. I filed lemon law again with my lawyer put going a little different route. Its a very frustrating long process and i hope it works out with you. Let me know if you have any questions.
You can't use the Magnuson-Moss Warranty Act to say that the lift can't void a warranty?
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Old 01-30-2009, 02:41 PM   #14 (permalink)
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That means i would have to sue them.
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Old 01-30-2009, 03:14 PM   #15 (permalink)
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The act says that Toyota would have to use an arbitrator to settle the case. And they would have to prove that the lift caused the problem in order to refuse a single warranty repair. They can't void the entire truck's warranty just because you put a lift on the truck.
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