Lemon-buyback question - Ford Powerstroke Diesel Forum
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post #1 of 16 Old 12-22-2011, 02:58 PM Thread Starter
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Lemon-buyback question

O.K. guys I need some help here. In 2007 I bought an '04 6.0 L from a dealer, clean title with 30 K on the odometer. I recently wanted to trade it in on a newer model. The dealer I am wanting to trade it in to ran a carfax on it and it showed that this rig has a "branded title" and was a "lemon buy-back" from the first owner. I had no idea, and was dumbfounded when the dealer said it was worth half of what I thought it was worth. So I'm looking at my pickup with 123K and wondering "just what in the heck are my options"?
Any suggestions? Thanks, Texred.

1990 F-350 4x4 crewcab 7.3
1997 F-250 4x4 crewcab powerstroke 350K
2004 F-250 4x4 crewcab powerstroke

04 F250 Crewcab 4x4 Lariat Auto, arp studs, OEM gaskets, bulletproof egr, oil cooler, blue spring, de-gas bottle, MBRP 4" turbo-back, 125K.
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post #2 of 16 Old 12-22-2011, 02:59 PM
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If that is true, then I would have a talk with the dealer you bought it from.

Shawn


'05 F250 KR CC SWB
Mini Maxx
4" SS turbo back
AFE Stage II
EGR bypassed
Ravelco
Viper 5901
Train horns - of course !
Tool box, interior lights, & metal bed cover combo
'10 Tailgate with step
'08 Tail lights
'11 Rear bumper

Classic quote by Snake "Both of you should sell your trucks and buy imports with lots of stickers, big fart can mufflers, and a rear wing as tall as you can find. You'll fit in well with that crowd."


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post #3 of 16 Old 12-22-2011, 03:02 PM
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Just keep it buy backs are more bullet proof than factory trucks. Trust me I drive one.

Josh

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post #4 of 16 Old 12-22-2011, 03:05 PM
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You've had the truck for 4-years and put 93,000-miles on it and you want to know options?

Keep the truck. Invest in a winner. Sounds like you have one.

Jonathan

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post #5 of 16 Old 12-22-2011, 03:08 PM
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Your beef would be with the dealer you bought it from.

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post #6 of 16 Old 12-22-2011, 03:21 PM Thread Starter
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Yes right after the Holidays I am going to talk to the dealer I bought it from and see what they say. But I'm looking at a truck I thought was worth 17K trade in being worth half that, am I right? Seems like the dealer I bought it from should be liable. Do I have any legal standing?
Texred

04 F250 Crewcab 4x4 Lariat Auto, arp studs, OEM gaskets, bulletproof egr, oil cooler, blue spring, de-gas bottle, MBRP 4" turbo-back, 125K.
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post #7 of 16 Old 12-22-2011, 03:27 PM
duct tape & zip ties

 
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Quote:
Originally Posted by Texred View Post
Yes right after the Holidays I am going to talk to the dealer I bought it from and see what they say. But I'm looking at a truck I thought was worth 17K trade in being worth half that, am I right? Seems like the dealer I bought it from should be liable. Do I have any legal standing?
Texred
No you do not. You should have requested a report at time of purchase. But since you did not. Then it is on you, lemon laws apply to original purchaser at time of the product being new.

Lemon buy backs are suppose to be completely repaired of all problems before it goes back on the lot as a used vehicle.

I went through the process on a chevy silverado I purchased brand new from a local dealer. I won my case and received full refund with interest. Only thing I did not receive was taxes paid. As a dealer can not refund money not paid to them.

The vehicle should have been sold as used which most likely it was. There for you bought a used vehicle from a dealer in a legal sale. Obviously you have had no major problems and the reason for the buy back under the lemon laws was repaired before the vehicle was sold as used.

Only legal stand you would have is if you have state laws that protect you and state that the vehicle should have been disclosed as a lemon buy back at the time of the sale. My state does not require this for the sale of used vehicles.


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2004 6.0 destroyed by contaminated fuel

2002 7.3L burnt
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post #8 of 16 Old 12-22-2011, 03:43 PM Thread Starter
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Yes I know it's on me because I did not do a carfax when I bought the truck, my stupidity. BUT, the dealer did not disclose the fact that the truck was a lemon-buyback when I bought it. Instead of a yellow title, it has a clean blue title "Texas". If I'm buying a vehicle from an individual, dang right I'll check it out, but this dealer misrepresented this vehicle to me, and I trusted them. I have no written record of what they told me when I bought it, again my bad. Just seems to me a dealer should be held accountable for their actions.

04 F250 Crewcab 4x4 Lariat Auto, arp studs, OEM gaskets, bulletproof egr, oil cooler, blue spring, de-gas bottle, MBRP 4" turbo-back, 125K.
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post #9 of 16 Old 12-22-2011, 03:44 PM
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FWIHL,

I believe the lemon laws are federal. The states may add to the fed law, but they can't "lower the bar". That being said, they do not have to fix any issues that caused it to be a buyback. The selling dealer is under obligation to tell the buyer that the vehicle was a buyback. If not, then that falls under deceptive business practices. Texas loves to hang people by their balls for stuff like that.

The general consensus is that if you have a "good" lemon buy back, drive it until it drops and enjoy. The resale value will always be affected by the fact that it is a buy back.

I am not an attorney, nor do I play one on TV. I could be totally wrong here. Just the info I have at hand.

Shawn


'05 F250 KR CC SWB
Mini Maxx
4" SS turbo back
AFE Stage II
EGR bypassed
Ravelco
Viper 5901
Train horns - of course !
Tool box, interior lights, & metal bed cover combo
'10 Tailgate with step
'08 Tail lights
'11 Rear bumper

Classic quote by Snake "Both of you should sell your trucks and buy imports with lots of stickers, big fart can mufflers, and a rear wing as tall as you can find. You'll fit in well with that crowd."


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post #10 of 16 Old 12-22-2011, 04:07 PM
duct tape & zip ties

 
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Quote:
Originally Posted by Cuzmail View Post
FWIHL,

I believe the lemon laws are federal. The states may add to the fed law, but they can't "lower the bar". That being said, they do not have to fix any issues that caused it to be a buyback. The selling dealer is under obligation to tell the buyer that the vehicle was a buyback. If not, then that falls under deceptive business practices. Texas loves to hang people by their balls for stuff like that.

The general consensus is that if you have a "good" lemon buy back, drive it until it drops and enjoy. The resale value will always be affected by the fact that it is a buy back.

I am not an attorney, nor do I play one on TV. I could be totally wrong here. Just the info I have at hand.

Shawn

There are Federal and State lemon Laws. I gone through the whole process in Michigan and I filed under Michigan Lemon Law. I did not meet the criteria of federal Lemon Law.

If you want to speak to an attorney that is very knowledgeable on the Lemon Laws. Contact 1-800-Lemon-law Lemon Law - Pennsylvania Lemon Law, New Jersey Lemon Law, Massachusetts, Delaware, Ohio

They maybe able to help you in this matter and they are a free consumer legal service.


Your Actions Today, Decide Your Future Tomorrow

2005 6.0 Crew Cab Long Box Lariat, current truck

2004 6.0 destroyed by contaminated fuel

2002 7.3L burnt
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