Believe it or not, this is a quote from a Service Manager at a large Automobile Dealership. "If you can't fix their cars, fix their head!" What does it mean? Colloquially it means, grab your wallet and hide the family silver. It means your automobile, motor home, boat or motorcycle has a defect or defects that the dealer or manufacturer cannot or does not want to fix. From this point forward both the manufacturer and dealer are going to do everything possible to make the owner give up and go away.

The Manufacturer Knows About the Problem

Believe this if you believe nothing else: the manufacturer and its dealerships' know about the problem. Fix this firmly in your mind. In all likelihood the defect or defects were manufactured into the vehicle through engineering error, poor parts supplied to the manufacturer, inadequate quality control or simply the statistics of manufacturing so many products catching up. The manufacturer has probably sent out service memos (TSBs) about the problem. The owner of a lemon seldom sees these memos.

It's a Statistical Thing

For instance, even if the auto manufacturer had achieved the elusive six sigma of quality fame-three cars in a million with defects-someone's going to end up with those three cars. And just so you get a feel for the possibility of this occurring, it means that all 15000 parts in the average automobile would have to be manufactured to the six-sigma standard. They aren't-manufactured to six- sigma-that is: Not even close.

Fix Their Head

What's this business about fixing their head? The service manager or manufacturer's representative is talking about deceiving the vehicle owner. This is what we call, running the gauntlet. As noted, it isn't just the dealership; the manufacturer is part of this gauntlet, very much a part. In criminal circles con men call this flim flam. Here's the definition of flim flam: A lie or hoax; a deception: Nonsense; drivel. In the words of the street, messing with someone's head is commonly used. Regardless of where the definition comes from it involves deception. A series of actions are going to be taken by the dealership and the manufacturer whose sole purpose is to make you give up and go away. That is correct; go away.

The Gauntlet - The Never Ending Run Around

The manufacturers do not think this is criminal, they think it is business, and good business at that. If you are the owner of a Lemon vehicle you have probably been put through a run around that makes your average trip to the local bureaucracy seem like a vacation to Disneyland. This run around can take many months, even years; incredible amounts of wasted time; costs that you did not anticipate and probably can ill afford; and less visibly but certainly as important, ruin your peace of mind, cause family upsets and arguments, even endanger your life. Sound familiar?

A word gauntlet is defined as, a form of punishment or torture in which people armed with sticks or other weapons arrange themselves in two lines facing each other and beat the person forced to run between them. It is more than a little sad that owning a lemon vehicle can be quite similar.

The Big Picture

Let's look at how this works. It starts at the top, not at the dealership. It involves the dealership but it does not start there, no more than the troubles at Enron began with a rate specialist on the trading floor selling a power contract. Here's a possibility. At a corporate shareholder meeting it is stated that things aren't looking good for the stock. The CEO is told to do something about it. He or she is told to cut costs. One of the first things that is always cut is training. Also that budget that allows dealerships to get reimbursed for repeat warranty repairs is going to get cut. This creates a tremendous lack of incentive on the part of the dealership to do the job right. This descends the corporate ladder to District Service Managers issuing orders about the budget to buyback Lemons. The 800 lines at the manufacturer are trained to smoothly defer complaining customers back to dealerships instead of actually evaluating the reported defects. Remember, "If you can't fix their car, fix their head." It isn't Corporations; It's the People Running Them

Ford, Chrysler, Mercedes, VW are the names of manufacturing companies, not people. Yes, there were people named Ford, Chrysler and such but they are not running these companies any longer. People cause problems and misery. It is the people at the top of these and other automobile manufacturing companies who make decisions and set policy. These people decide; will it be flim flam or will it be ethical behavior; will we take responsibility for our mistakes, or not. You know the answer.

The Nature of the Beast

Corporations think in terms of quarterly reports of earnings. Everything, and I mean everything is subordinate to this. Careers are based on this concept. Huge salaries and perks are based on this concept. The value of the company's stock is based on this. We don't have to look far to see the result of these pressures. Newspapers are filled almost daily with examples of what happens to those who succumb to the Dark Side of the business force. You are experiencing multiple effects designed to accomplish one thing for the corporation-save money and make a good report to their shareholders. It is actuarial; it is statistics, numbers.

Bonus Plans

Somewhere up the corporate ladder someone's bonus plan is based on the amount of money spent on warranty repairs. If the dealership stays within this budget, it's a happy Christmas. If not, if you come in after this budget has been consumed, you will start getting the treatment. We think of it as the gauntlet.

Entering the Gauntlet

The Gauntlet begins when you arrive the second time for a repair of the same defect. The threat of this being a potential Lemon sets off alarms with those trained at the dealership level. "Oh, oh," they say, "If we can't actually repair it, we better employ every trick we know to make this person give up and go away." It is incredibly cynical, even cruel because it undermines the owner's safety, and peace of mind. To make someone give up you have to remove hope. Think about that! Remove hope. You have to drive the owner from being happy and proud of having a new car into apathy and despair that anything can ever be done about it. It is hard to imagine this but it most certainly a fact.

What You are Told

If you are a woman this might sound familiar: "That's just the way they run honey." It is patronizing, chauvinistic crap. These days fewer and fewer people, men and women, really understand how their car runs or is made. The cars are just too complex. Here's another; "We couldn't duplicate the problem." You drive out of the shop and it happens before you get to the first stop sign. Self doubt creeps in. You aren't sure you know what you know. How about this? "It's running according to manufacturer's specifications, it meets industry standards." Flim flam, absolutely! When your car stalls periodically and won't start this is not according to some unknown industry standard. And there's this old stand by. "Just bring it back, we'll fix it." Do they fix it? No. They may find something that seems related to the problem, but it does not cure the problem. This one is particularly nasty. "Are you sure you properly know how to drive the vehicle?" Your first thought might be to punch the guy in the mouth, but you are still civilized and don't do that. The issue wasn't raised accidentally. It could become a legal issue when a claim is being denied. As you will see in the lemon stories, there is a situation where a Manufacturer's Engineering Technical Specialist suggests that test show that the owner didn't tighten the gas cap properly and that this is the cause of the problem. It is flim-flam of course. But the effect is to continually throw doubt on the issue. It is even possible that you will be met with antagonism. "Oh, you again!" As if somehow all this trouble is your fault. Enough of this for the moment: It's pretty darn depressing.

Other Diversions

This one is very common. The Service Writer at the dealership writes down the problem not as you described it, but in a way that is ambiguous or in such away that it seems to be a different line of repairs. The purpose of this is to allow the dealership to state that they weren't given a reasonable opportunity to repair the vehicle. This is one of the ways they avoid a Lemon Law suit. The dealership is going to try every way to discourage the customer from coming back so as to avoid 4 or more repairs for the same defect.

Here's another trick. You are offered this really excellent deal on a trade-in, as though these fine fellows at the dealership have nothing but your best interests at heart. It won't be a good deal! A good deal would be if you bought the vehicle and it ran as advertised.

Summary

It wasn't an accident of fate. It started with the top management at the manufacturer. It worked its way down though the chain through the dealerships to you. It wasn't personal on their part except for greed, irresponsibility and an incredible lack of feeling for their customers. Factually, they do not know who you are or care. All policy is driven by the bottom line. This in itself is not evil. It is how a company succeeds. However, one can look around and find companies that are responsible to their customers and those that are not. A policy of delay, trickery, flim flam and intentional misery given to the customer is followed in the hopes that you will descend into apathy and give up.

You are Not Alone

This has happened to countless numbers of consumers. Does this feel familiar? You are in the middle of a dispute with the dealership over the defect(s) with your vehicle and you feel like an insect about to be rolled over by a semi. There is a sense of being powerless. They are, after all, one of the biggest corporations in the world. They can hire squadrons of legal help.

I urge you not to give up. Understand what we tell you here. Call your attorney regardless of whether you are told it won't do any good. That's just another part of the gauntlet.

By: Donald Ladew
Donald Ladew, Staff Writer for Norman Taylor & Associates, is a professional writer and author of numerous articles on quality,customer service issues and many other subjects. This article approved by Norman F. Taylor Esq. For more information about this most important subject, please read Lemon Law - The Standard Reference Guide, Norman F. Taylor Esq. ISBN 0-9760058-0-8 http://www.lemonattorneys.com or http://www.normantaylor.com. For further inquiries, Mr. Ladew may be reached at: donald@normantaylor.com Phone: 818-244-3905.

The Magnuson-Moss Act is also known as the "Federal Lemon Law". It is a very broad law that covers many types of products. The Magnuson-Moss Warranty Act protects consumers who purchase any product that costs over $25 and comes with a written warranty. This can include an item as small as a radio, and an item as large as an RV. The other caveat to the Magnuson Moss Act is that the product must be solely for personal use, such as a Television or the vehicle that you drive to work. The Act does not apply to Commercial Use products, such as a roofer's work truck or the professional landscaper's lawnmower. If your personal use product suffered a substantial defect while under the original manufacturer's warranty, the Magnuson-Moss Warranty Act The Magnuson-Moss Warranty Act is similar to many states' Lemon Laws in many regards. I practice law in Pennsylvania, so I can say that it is very similar to the Pennsylvania Lemon Law. The Magnuson Moss Act provides for a free replacement of the defective product or a full refund of the purchase price, and further provides for recovery of all associated costs including Attorney fees. If the purchaser can show that the product suffered a substantial defect or non-conformity during the warranty period, and the manufacturer was unable to remedy that defect after a reasonable number of attempts, (in Pennsylvania, the number is three (3)) the Magnuson-Moss Warranty Act will provide the choice of the aforementioned relief to the purchaser. The Magnuson-Moss Act is an act that was designed to ensure that manufacturers (of any product) who offer a written warranty on that product abide by and honor the terms of any warranty that they give. In practice, Lemon Law Attorneys have used this Act very successfully in Pennsylvania to protect purchasers of defective cars, trucks, vans, SUV's, motorcycles and RV's. If your vehicle has suffered a defect while still under the original manufacturer's warranty, you may be entitled to a full refund or free replacement, plus free legal representation.
By: Greg Artim
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. He handles Lemon Law and Breach of Warranty matters in all of Pennsylvania. Visit his website at http://www.pittsburghlemonlaw.com.

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Many states have automobile based lemon laws to protect individuals who have purchased defective motor vehicles. If your state does not have an automobile lemon law, you can still be protected by what is referred to as the Federal Lemon Law, or the Magnusson Moss Act. While the law is different in each state, many similarities can be found in the state lemon laws and the Federal Magnusson Moss Act. Typically, your vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of your vehicle. Examples of this might be engine, transmission, braking, suspension or other serious problems. The defect must first occur within some defined mileage parameter, usually 12,000 or 18,000 miles or the first year that the car is in service. The lemon laws always give the manufacturer a reasonable number of attempts to repair the problem, and that can vary from state to state.

The number of repair attempts is usually three or four, but check your state law to be sure. If the manufacturer cannot repair the defect within that number of attempts, then you have a lemon. Most states set forth that you are entitled to a refund of the purchase price or a replacement vehicle, free of charge. These laws usually provide for the recovery of all consequential damages that you may have encountered as well, such as all of the payments that you have made on the vehicle, including interest, any down payment, any repair charges, etc… The lemon laws are very much geared towards protecting the purchaser of a defective vehicle. They are extremely friendly consumer statutes.

The problem is that having a lemon and getting a manufacturer to agree that you have a lemon are two very different things. After your vehicle has been in for repairs the requisite number of times, the first step that you have to take is to advise the manufacturer, in writing, of your concerns. This usually takes the form of a letter to that manufacturer which essentially revokes your acceptance of the vehicle. What that means is that you are attempting to revoke the contract between yourself and the manufacturer, and are making a demand for a refund or a replacement vehicle. The manufacturer will rarely agree to your demand at this point in time. The next step, which is mandated by many state lemon laws, is that you have to submit your claim to an Arbitration panel for review. Many states, and many manufacturers, use the Better Business Bureau as its Arbitration panel. These Arbitration panels are usually non-binding on you, the consumer, but are binding upon the manufacturer. In that regard, it has been my experience that the Arbitrators tend to lean towards the side of the manufacturers in these types of cases, because they know that you can go further, and the manufacturer cannot. After Arbitration, if it is not in your favor, the next step in your lemon law claim would be to file a lawsuit against the Manufacturer in a court of competent jurisdiction. It is at this point that the Manufacturer realizes that you are serious, and may begin to entertain realistic formal discussions regarding your vehicle’s problems.

This may sound like a lot of work, a lot of hoops to jump through, and it really is, but the great thing about lemon laws is that they typically provide the consumer with Free legal representation. That’s right, you can get an Attorney to work for you for free! The Attorney is not actually working for free, but the lemon laws usually provide that the manufacturer must pay your reasonable Attorney fees if the vehicle is found to be a lemon. Lemon Law Attorneys rarely charge any up front retainers, and may or may not charge you for out-of-pocket costs on such a claim. These Attorneys typically look to the manufacturer for their fees and reimbursement of costs. While I would not wish a lemon upon anyone, getting a free attorney to assist you is not half bad.

By: Greg Artim
Attorney Greg Artim Pennsylvania Lemon Law Attorney http://www.ihatethislemon.com.

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