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Porsche Lemon Law Arbitration in CA

Old Nov 26, 2014 | 05:41 PM
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Porsche Lemon Law Arbitration in CA

Going through the process now. Waiting the approximately 40 days to hear back from them to schedule the arbitration hearing. Has anyone else attended the arbitration and can give some insights into it? Please PM me if you don't feel comfortable discussing here.

TIA
 
Old Nov 26, 2014 | 08:04 PM
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nmurray and chuckj are probably your point persons for this issue.
Apparently quite a straightforward process.

What happened for you to end up with a LL case?

I may be joining you in the next couple of months, because my patience is running out.
 
Old Nov 26, 2014 | 10:57 PM
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Originally Posted by dux
nmurray and chuckj are probably your point persons for this issue.
Apparently quite a straightforward process.

What happened for you to end up with a LL case?

I may be joining you in the next couple of months, because my patience is running out.
Damn thing is in the shop almost every 3 months. Ten official documented visits along with a handful of visits that were stop-by's. My big mistake was not getting those documented to add to the tally. My dealership keeps telling me these types of issues are normal on a car like this. Will send you a PM don't want to discuss it too much in detail. First step is contacting Porsche NA where they will provide you with an insulting offer and you must agree to not pursue any remedies moving forward I've waited anxiously twice now. First time was when I was waiting to take delivery and now it's hopefully for them to buy it back. Should have bought a boat
 
Old Nov 28, 2014 | 09:13 AM
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You should be getting a detailed set of instructions on what to present to the arbitrator. Key is tying things to safety. An example being the car hesitates and makes me concened about it stalling in the middle of the intersection causing an unsafe condition. Key is also meeting the number of documented times for the same issue. Take the instructions and use at least one chart page per question / point. If you want a copy of mine, PM me and I'll try to find it. If you have any questions, feel free to ask.

ChuckJ
 
Old Nov 28, 2014 | 02:20 PM
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Originally Posted by ChuckJ
You should be getting a detailed set of instructions on what to present to the arbitrator. Key is tying things to safety. An example being the car hesitates and makes me concened about it stalling in the middle of the intersection causing an unsafe condition. Key is also meeting the number of documented times for the same issue. Take the instructions and use at least one chart page per question / point. If you want a copy of mine, PM me and I'll try to find it. If you have any questions, feel free to ask. ChuckJ
You should review the statute to ascertain the definition of a qualifying car under the Lemon law the assemble the facts and evidence supporting your conclusion. Unless it fits the requirements of the statute you will not prevail.
 
Old Nov 29, 2014 | 06:54 AM
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I would hire an attorney that has LL experience in your state. It raises the bar.

Frank C.
 
Old Nov 29, 2014 | 11:16 AM
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Originally Posted by 991carreradriver
I would hire an attorney that has LL experience in your state. It raises the bar. Frank C.
Most LL statutes provide for an award of attorney fees so there is really no reason not to hire counsel
 
Old Nov 29, 2014 | 04:53 PM
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Originally Posted by rnl
Most LL statutes provide for an award of attorney fees so there is really no reason not to hire counsel
Next step is to go to arbitration and the arbitration program rules states the arbitrator isn't authorized to award attorney fees or consequential damages such as lost fees. Main reason why I am doing this solo because one's attorney fees are calculated into the equation I may be better off just not dealing with the hassle of the whole proceedings and just trade my car in.
 
Old Dec 1, 2014 | 07:53 AM
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PCNA have no interest in going through arbitration if they can avoid it. If you have a well documented case they will make you an offer long before it gets to that.
 
Old Dec 1, 2014 | 12:40 PM
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Originally Posted by rnl
You should review the statute to ascertain the definition of a qualifying car under the Lemon law the assemble the facts and evidence supporting your conclusion. Unless it fits the requirements of the statute you will not prevail.
Good advice.

Originally Posted by fixedupw203
Next step is to go to arbitration and the arbitration program rules states the arbitrator isn't authorized to award attorney fees or consequential damages such as lost fees. Main reason why I am doing this solo because one's attorney fees are calculated into the equation I may be better off just not dealing with the hassle of the whole proceedings and just trade my car in.
It's always smart to know what the car will fetch at Carmax (or wherever) before going into negotiations. I've gone through LL dealings with BMW and sometimes it's just not worth the pain and suffering.

Best of luck to you.
 
Old Dec 1, 2014 | 01:24 PM
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Originally Posted by rnl
You should review the statute to ascertain the definition of a qualifying car under the Lemon law the assemble the facts and evidence supporting your conclusion. Unless it fits the requirements of the statute you will not prevail.
rnl is absolutely right! Most likely you will find it's tied to safety. But that doesn't mean the wheel has to fall off every 2000 miles. In my case, the hesitation wasenough to do it, but I did exactly what rnl suggests and made my arguments first around that and then added the other annoying things as a BTW. If awarded a buyback they will tie it back to the date you first brought it in and charge you a small mileage charge for that time. Mine actually started during the first tank of gas but I didn't get the first work order documentation until 677 miles. I owned and drove the car from April to the following January and they paid me almost everything I had in the car. I remember it as the cheapest car I ever owned.

Chuck
 

Last edited by ChuckJ; Dec 1, 2014 at 01:30 PM.
Old Dec 3, 2014 | 08:11 PM
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i went through this with GM on a cadillac cts-v.

my key to success was persistence. I never went to arbitration. i knew the statute inside and out and had every inch of the car and service visits documented.

good luck... it was one of the most frustrating thing i have dealt with.
 
Old Dec 3, 2014 | 10:23 PM
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When we lived in CA my wife had a Mercedes that was a lemon. We tried the arbitration board, but Mercedes stonewalled us at every turn. They refused to acknowledge that the car was defective, to buy back the car, etc. In the end we called a lemon law attorney, and the whole thing was handled within days. Mercedes agreed to buy the car, pay back sales tax and registration fees, and by CA law they had to pay our attorney.

I don't know if the laws are the same now (this was about 10 years ago), but my experience back then was the arbitration board had no power and no incentive to really help. If I were going through the same experience again, I would just call a lawyer right away. Obviously I don't know the details of your situation, but I wonder if you'd be better served by an expert fighting on your side.
 
Old Dec 3, 2014 | 11:08 PM
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Originally Posted by nullspace
When we lived in CA my wife had a Mercedes that was a lemon. We tried the arbitration board, but Mercedes stonewalled us at every turn. They refused to acknowledge that the car was defective, to buy back the car, etc. In the end we called a lemon law attorney, and the whole thing was handled within days. Mercedes agreed to buy the car, pay back sales tax and registration fees, and by CA law they had to pay our attorney.

I don't know if the laws are the same now (this was about 10 years ago), but my experience back then was the arbitration board had no power and no incentive to really help. If I were going through the same experience again, I would just call a lawyer right away. Obviously I don't know the details of your situation, but I wonder if you'd be better served by an expert fighting on your side.
Agreed but from what I understand, when purchasing the car you agree to Porsche's Warranty and in their warranty they state the following:

YOU MUST UTILIZE PORSCHE’S CAP-MOTORS ARBITRATION PROGRAM, ADMINISTERED BY DEMARS & ASSOCIATES, LTD., BEFORE SEEKING TO ENFORCE RIGHTS OR OBTAIN REMEDIES IN COURT UNDER TITLE I OF THE MAGNUSON-MOSS CONSUMER WARRANTY ACT. IF YOU CHOOSE TO SEEK REDRESS BY PURSU- ING RIGHTS AND REMEDIES NOT CREATED BY TITLE I OF THE MAGNUSON-MOSS CONSUMER WARRANTY ACT, YOU DO NOT NEED TO UTILIZE THE CAP-MOTORS ARBITRATION PROGRAM. You should also be aware that if you seek remedies under the "lemon laws" of your state, you may be required to use the CAP-MOTORS arbi- tration program.
I believe the first step is through arbitration and if you are unhappy with the results you can take them to court. The arbitrator isn't given the right to award attorney fees or consequential damages but with that said I still have an attorney walking me through this.
 
Old Dec 4, 2014 | 06:09 AM
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