Lemon Law Process

jberry

New member
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Jberry I’m about to go through a return/swap under Ohio lemon law for two issues. I also have a 2020 but was interested when you stated they offered you the same but a 2021. Can you share more about that? Did they charge you more or just do a direct swap?

Tack30- my hood shakes something fierce and by my service concierge’s look when I asked him about it I believe it is a known manufacturing “fault.” It’s how’s it’s designed so I don’t believe there is any fix for it. Terrible to hear about the other issues.

So the short answer is yes they replaced the vehicle at "no cost" to us.

Long answer; After going back and forth with Texas lemon laws and the options available we opted for the replacement of the same vehicle rather than a buyback. The reason for this was we did not want to lose out on any trade equity from the previous car we used to buy the 1st aviator. This was very difficult to explain the the Lincoln dealership who was pushing us to just do the buyback and than start from scratch (my theory is that they wanted us to choose that route so they could have a "new car deal" and make more$$ go figure right). Here is a simple explanation why we chose the replacement option; Lets say we buy a $70,000 car and we traded in a car that was worth $40,000. We as the buyers would pay the tax on only the difference ($30,000) due to trade equity and here in Texas with the tax rate of .0625 that would be $1,875. So with a buy back we would get what we paid for the car and what we paid in taxes (and all fees) which would for easy math be $31,875. Are you following?

Now lets take that $31,875 and go buy the same $70,000 dollar since we no longer have the car because it was a lemon... Again, this is the way the dealer will try and talk you into doing but hear me out first. You buy the $70,000 car put down the $31,875 and now its time for taxes and since you have no trade equity you are liable for the full taxed amount of $70,000 which with the Texas tax rate it will be $4,375. The difference to buy the same car is an additional cost of $2,500. Dealer's happy, Lincoln's happy, and you are out money.

Another reason we went with replacement is because according to the lemon law in Texas which is the worst in the nation the Manufacturer is responsible for replacing the vehicle with a comparable model and features..... well we all on this site know the many different options Lincoln offers and to find one with the same features 2021 changed option packages and we found ourselves in a 2021 model with a MSRP close to $4k above our 2020.

Things to mention for the process. Start with the Lincoln concierge service who will start the lemon process and about a week later will approve or deny. Once approved you will than be talking with a Lincoln "Buyback specialist" where they will give you the three option 1. Buyback 2. Replacement 3. Repair and give $1500-$3000 for your troubles. Another thing to mention but is based on your state is there may be ( not our case because we had such low mileage) usage fees which is a charge for each mile you drove the vehicle while it was working properly.

P.S. Our sales person and the service department were fantastic and its a shame Lincoln is producing these cars with so many issues. But I can say this; Lincoln will work to get it fixed. (with a little urge from the state lemon laws)

Hope this helps!

-Jake Berry
281.755.5799 Call if you have any more questions
 

LincolnFanFl

Junior Member
Yes, that is basically exactly what happened on the process with the Ford Explorer.

Since I leased, I opted for the buyback but as explained, I can see were the replacement process makes more sense.
 
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