Lemon Law, Anyone?

[Ankhors]

SO, i've been patient. Very patient.

And on a note before we start, i'm by far not nearly the most mechanically enclined individual, but i do enjoy learning and wrenching around on things myself.

After 5 trips to the ford service center, one "fix", and a 2016 FiST with just over 1500 miles on it, i'm getting a little uneasy.

In the first week of ownership, i realized an awful whistling sound coming from the driver's side engine bay. Sounded like a metal-ey tea kettle, was affected and got higher pitched with acceleraetion, etc... I figured one of my FMIC clamps had come loose, and was simply leaking. The car even felt a little light on power. First two trips, no luck. They didn't even look at it because they couldn't replicate the sound. Third trip, we finally got a mechanic to hear the sound and they addressed it. They claimed my driver's side FMIC clamp had come loose. Great, its fixed now.

Drove the car away, felt better (Possibly Placebo), and two days later the same noise pops up. Always intermittent, nothing triggers it. Brought it back, they said they can't keep the car for the weekend so i had to bring it in once again the next week. Now at this point, they've had the car for two days and i'm stuck in a rental through enterprise from them. A 2016 ford explorer, and i'm responsible for gas...

To top it off, my call yesterday consisted of the service manager telling me that the noise is coming from the Crankcase. They're assuming it's the oil seperator, because it can act like a PCV valve and make a whistle as they claim. This is where my knowledge runs out, so please, if anyone has their two cents to throw in please do. I seriously don't want them to have to open up my FiST at 1500 miles if the issue is internal, and i am going to go through the acclaimed difficult process of the Lemon law if that's the case. I've worked with the dealership as much as possible, but being 20 and having this as my first large investment, it's been a pretty crappy process and my parents are absolutely bent, wanting to take things into their hands... (Hooray for angry Italian mothers! )

So, guys. What do you suggest i do at this point?

 

[lonelysuperstar]

A bit drastic rushing to lemon law, wouldn't be approved anyway. Let the dealer figure it out.

 

[Ankhors]

A bit drastic rushing to lemon law, wouldn't be approved anyway. Let the dealer figure it out.

How is it drastic? Wouldn't you think a car with 1500 miles on it shouldn't be having crankcase issues, let alone the fact that I had to bring it in five times for them to properly address it? And trust me, I've been working with them, been very patient and everything.

 

[frankiefiesta]

How is it drastic? Wouldn't you think a car with 1500 miles on it shouldn't be having crankcase issues, let alone the fact that I had to bring it in five times for them to properly address it? And trust me, I've been working with them, been very patient and everything.

Honda sold people a car that needed piston rings replaced. It happens.

You have a warranty, let the dealer deal with it. Really no other way around it.

 

[Rhinopolis]

IMO your best bet is to document everything via email and to let the dealer attempt to fix the issue. Bring the issue and your concerns to the regional service managers attention via an email, and if they can't help you to resolve the issue after a resobnable number of attempts at actually fixing it, then you have a good lemon law claim.

I had to let the dealer work on and repair leaking axle seals three separate repairs before it was fixed. After it was still leaking once past repair two, I was a thorn in both the regional service manager and dealer service managers side. My car was pretty heavily modified at that point too, but they didn't give me any grief and 6 months later the car runs and drives fantastic with no major issues.

Sorry to hear of your issues, and I hope that you can get it resolved soon

PS: My advice is not to mention going after them for the lemon law, and to make every attempt at being reasonable to work with to fix the issue through the dealership. Never threaten with the lemon law, and once you've had your run of reasonable attempts at the same repair while exhausting all channels to correct it, then just start persuing the LL and let your attorney handle the rest.

 

[StuttersC]

You say you brought it in five times? But the say once for a repair and one more time where they can actually look at it, or am I missing something.

Look up your local lemon law. You have to allow the dealer so many times to fix the issue and the "fix" not working or having the same complaint before you can move into the lemon law. Showing up and they can't take you isn't a time that would be counted as far as I know.

Based on how I understand what you have explained so far, you have been twice with one fix completed. They are currently on fix two. If you are not sure, contact a lawyer, since, depending on your local lemon laws, you might need one anyway to get the paperwork done. I'm not saying lemoning it is bad, everything has a manufacturing failure rate, but you have to go through the process before you can go full lemon. And based on how I understand your story, you aren't there yet.

 

[Ankhors]

My advice is not to mention greater with lemon law, and to make every attempt at being reasonable to work to fix the issue through the dealership. Never threaten lemon law, and once you've had your run of reasonable attempts at the same repair hile exhausting all channels to correct, then just start perusing and let your attorney handle the rest.

I understand to be cautious while mentioning lemon law, especially because it usually makes things a lot more difficult. It wasn't my intention to just jump to it either, it's just really pressure/frustration of my parents telling me how BS it is that my new car has been in for service 5 times already. Thanks for sharing, and for the insight too!

 

[Rhinopolis]

Good luck and keep us posted!

 

[lonelysuperstar]

How is it drastic? Wouldn't you think a car with 1500 miles on it shouldn't be having crankcase issues, let alone the fact that I had to bring it in five times for them to properly address it? And trust me, I've been working with them, been very patient and everything.

You have to give them an opportunity to remedy the problem. You will not get a lemon law approval without allowing them to attempt to fix the problem. yes, it's drastic. As someone else stated, cars sometimes have manufacturing issues. I have had 2 ST's and not one issue with either of them. Allow them to fix it and enjoy the car.

 

[Ankhors]

You say you brought it in five times? But the say once for a repair and one more time where they can actually look at it, or am I missing something.

I should elaborate. First two times i brought it in for the sound, they couldn't replicate it so they handed it back. Next time, they actually heard it firsthand so they took a look and tightened up the driver's side FMIC clamp, yet the same issue remained. After bringing it back another time on a thursday, they had turned me down because they said they couldn't take the car over the weekend. They then had me come in the following week (this week), and that's when i finally handed it over to them and recieved my rental. (which on a side note, seriously feels like driving a tank around compared to my FiST... )

So yeah, i suppose i should have reworded it. Five seperate trips, but only twice (including this time) they have actually assessed it. Thank you for pointing that out.

 

[Ankhors]

UPDATE:

Service manager called. Oil seperator unit was replaced and the noise re-occured. Noise has been determined to be from the transmission.

They've ordered a transmission teardown, and they're keeping in touch with ford for a cost cap to see what they'll do.

This sucks..

 

[StuttersC]

UPDATE:

Service manager called. Oil seperator unit was replaced and the noise re-occured. Noise has been determined to be from the transmission.

They've ordered a transmission teardown, and they're keeping in touch with ford for a cost cap to see what they'll do.

This sucks..

Good luck. I understand your frustrations, but letting them get into it might help you out in the long run.

 

[Rhinopolis]

Just throwing this out in to outer space, and have you considered setting up a meeting with the dealership GM and asking if they would be willing to "even swap" for a brand new FiST? They can still repair your current FiST through Ford, and then sell it as "pre owned" once fixed.

I have not yet heard of a FiST having your specific issue, so you have to be in some random vortex of unlucky people to get stuck with an anomaly like this.

Good luck and keep us posted

 

[Ankhors]

I'll be on the phone with the GM shortly after work to sort it out. A meeting is definitely to be arranged about it...

 

[frankiefiesta]

UPDATE:

Service manager called. Oil seperator unit was replaced and the noise re-occured. Noise has been determined to be from the transmission.

They've ordered a transmission teardown, and they're keeping in touch with ford for a cost cap to see what they'll do.

This sucks..

I had a whining noise come from my transmission and it was replaced under warranty at 9,000 miles. A few others have had this issue as well

 

[Ankhors]

Yeah, just got off the phone with the service director. He said he's willing to work with me, given that this is considered "catastrophic failure" since there's an issue that costs a large sum of money to fix in under 2,000 miles. I shouldn't have been so ignorant with that title, haha. But regardless, i'm glad they are really trying to work with me and get something done about it all.

 

[Rhinopolis]

Great news! Looking forward to hearing what they are willing to offer to you...

 

[Ankhors]

Transmission completely replaced and ford's offering a "wearables warranty" for 3 years/36,000 miles I believe. Brakes, rotors, etc, all covered for that period of time. Can't complain I guess, they fixed it right and I did get something out of it.

 

[Racer83L]

glad its sorted. also glad you had some faith in the techs at the dealership. i have a relative that is a tech and his shop (dealership) is really full of professionals that do the right job. when a brand new car comes in with an issue like this the tech will likely feel sorry that it happened and they treat the car right. Its not like an old farm truck full of geese poo and the guy is complaining about an odd smell.

 

[me32]

Sounds like it all worked out in the end