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11-08-2018, 10:52 PM | #1 |
Scooby Newbie
Member#: 483082
Join Date: Mar 2018
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Is your Subaru a Lemon?
I wanted to share Subaru's process for handling cars that meet Lemon Law. I purchased a 2018 Outback and it exhibited so many failures that even my lawyer couldn't believe it! I followed my states process for filing a demand letter to Subaru, below is how they handled it.
First off, Subaru will not respond until very near the last legal date they can. This is a tactic they employ through the entire process. The next thing they will do is deny deny deny, anything and everything that makes your car a lemon under the law. In my case, coolant disappearing and a transmission that would randomly disengage were deemed normal. This is also something the dealerships do, so no surprise there. They will also want more and more inspections of the car. You can refuse those inspections, but be sure you have had more than your states minimum times in for repairs under the lemon law before you try. To help yourself if your car is tending towards lemon status, force the dealer to correctly document everything they say and do. I was even told by my lawyer that if they refused to document correctly to get her on the phone while still at the dealer so she could talk to them. The next thing they will do is pass your case off to different people every few days. Each time you will be stuck waiting for the new person to get up to speed on your case, even though they appear to never read the notes written by the previous staff. All of this is done as a delay tactic, trying to get you to just give up. As a note, I am 4 months into these tactics. If you decide to escalate to the CEO, just know that he will likely not respond, once again that is how they handle people. He does read his emails, just so you know, tdoll@ is his current email. Eventually they will make you a settlement offer, for me their first offer was $3500 if I sign a waiver that makes it impossible to ever sue them (or anyone ever associated with anything Subaru) for anything and a non-disclosure to try to keep you from sharing what I am sharing right now (I refused to sign their waiver). If you decline or counter their offer they will once again pass you off to more people. Each successive person will tell you that their offer is the best they have ever seen and you should accept. Once they realize you are not going to play their games, they will try to sweeten the offer, this time with either a tiny bit more money and possibly an extended warranty. They tried both on me. If your lawyer is doing this process for you, the results might be a bit different. I chose to run with it first to see what they do before having my lawyer sue them for violation of my states lemon laws. They are currently not responding to my emails and the settlement offer and waiver that I proposed. My waiver made it fair and not all in their favor, clearly they don't want fair. My advice to anyone with a lemon, document everything, force the dealer to write down what they tell you, and hire a lawyer. They will do their best to blow you off without a lawyer.
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12-12-2018, 09:06 PM | #2 |
Scooby Newbie
Member#: 483082
Join Date: Mar 2018
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Subaru's settlement letter
I, (your name), in exchange for the cash settlement in the amount of $(whatever they offered) and a Subaru Added Security Plan for a period of 7 years 100,000 miles Gold Plus with a zero deductible and other valuable consideration, the receipt and sufficiency of which is expressly acknowledged, do hereby release Subaru of America, Inc., together with its affiliated corporations, the manufacturer of Subaru vehicles, all past and present Subaru distributors and Subaru dealers, and the respective shareholders, owners, officers, directors, agents, servants and employees of each of the foregoing parties from and against any and all actions, claims, and demands relating to (list of what makes your car a lemon) conditions of a certain (Your car) with Vehicle Identification Number (your VIN) and arising under the applicable state Lemon Law. Subaru of America, Inc. hereby acknowledges and agrees that the warranty that accompanies this vehicle remains in full force and effect. I understand and agree that the terms of this settlement shall be in all respects confidential and secret. Intending to be legally bound by the terms of this Release, the undersigned has placed his signature this ____ day of __________________________, _______. Customer Signature: Customer Name (Print): Customer Address: Witness Signature: Witness Name (Print):
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