[Clark Haney Wells]

Lemon Law

What part of Texas are you in?

We bought our XC90 T8 in September of 2017. Since June 2018 to April 2019, the car has been in and out of the dealership for at least 8 times. The car at one point was not able to start and show "hybrid system failure". When the car was brought into the service department at the dealership, the technicians were not able to identify the problem thus not able to fix it. In the end, they just clear the error codes.

Issues
1)The fuel filler pipe has been replaced 3 times.
2)The door handle malfunctioned. Sometimes we are not able to open the door.
3)The moonroof malfunctioned. We are not able to open the moonroof.
4)The car temperature sensor malfunctioned causing the battery (EV battery) no able to charge. After two visits before they finally replace the temperature sensor.
5)The vehicle GPS locator electronics malfunctioned and the service technician tried to reprogrammed it but failed and finally has to replace the whole VCM unit.
6)Some pipes (Not sure what they are) in the car was not seated properly and need to be fixed (Discovered after we brought the car in for the 8th time for complete diagnosis).
7)The EV lithium battery failed and need to be replaced. (EV Battery failed in less than 1.5yr)
8)The AC electronic malfunctioned causing problems to the hybrid drive system and the whole AC system need to be replaced.

We tried to talk to the Volvo Customer Service since December 10, 2018 and ask them to step up their customers service to replace the Lemon. It takes Volvo more than 5 weeks (Jan 16, 2019) before they would give us an answer. Their response is to try to get us to trade in the car for another Volvo instead of replacing the car, making it sound like they are doing us a favor. We informed them that the car has malfunctioned in many ways within the two year period and the car has been in the dealership for more than 30 days and some parts have been replaced 3 times and thus satisfying the Lemon Law. However, Volvo refused to do anything.

Finally, we get in touch with Lemon Law attorney to negotiate with Volvo to replace the car but they are still not willing to replace it. Instead, they tried to pay us some money to get out of the situation. Frankly speaking, we love to drive the XC90 T8, which is why we wanted Volvo to replace the car. However, Volvo's reluctance show us that they do not stand behind their products. Now we are considering to just keep the money and sell the car to minimize our huge loss. It is because we were advised by our attorney that if the case were to continue to drag on, it may take a long time to resolve and in the end Volvo may not end up replacing the car and we will probably lose out. For future owners of XC90 T8, keep your eyes peeled.

 

[ScottS]

Your lawyer is an IDIOT. Find another one. Lemon Law guarantees you 100% of all attorney fees, Tax, Title, Licensing, and ancillary fees. Get another attorney, pronto. Google consumer attorneys and find one who didn't go to Clown College University.

It's pretty standard in almost every state what the Lemon Law requires of Manufacturer. And Volvo caves pretty quick once hit with one of these letters. Often times trying to agree on a buy back instead of having the car branded a Lemon (Not Always....but I'd say 50%).

FWIW, Volvo NA told me they wouldn't do anything for me and I had a T8 with a much worse service history and time out of service. I was pretty persistent, with good documentation etc. and they wouldn't budge - at all.

I got a good lemon lawyer involved and just gave him my service records and had an answer from Volvo within 3 days saying they would buy it back at 100% and pay all fees.

If you feel you have a case, get a new lawyer. If you really do and have a good lawyer they won't allow it to go further they will cave immediately.

 

[chillg8r]

FWIW, Volvo NA told me they wouldn't do anything for me and I had a T8 with a much worse service history and time out of service. I was pretty persistent, with good documentation etc. and they wouldn't budge - at all.

I got a good lemon lawyer involved and just gave him my service records and had an answer from Volvo within 3 days saying they would buy it back at 100% and pay all fees.

If you feel you have a case, get a new lawyer. If you really do and have a good lawyer they won't allow it to go further they will cave immediately.

How much did the lawyer cost you?

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[ScottS]

How much did the lawyer cost you?

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Nothing, Volvo paid. Though I think they paid him about $2k.

 

[chillg8r]

Nothing, Volvo paid. Though I think they paid him about $2k.

Thats awesome. Well done!

I'm lucky, so far so good on my Volvos.

I can't say that I've ever owned a lemon....

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[MyVolvoS60]

FWIW, Volvo NA told me they wouldn't do anything for me and I had a T8 with a much worse service history and time out of service. I was pretty persistent, with good documentation etc. and they wouldn't budge - at all.

I got a good lemon lawyer involved and just gave him my service records and had an answer from Volvo within 3 days saying they would buy it back at 100% and pay all fees.

If you feel you have a case, get a new lawyer. If you really do and have a good lawyer they won't allow it to go further they will cave immediately.

I believe you and I worked on that together....And yes, it sounds like the guy has a clown college attorney....Needs to find one who focuses on consumer law and is versed in that field rather than general practice.

 

[MyVolvoS60]

How much did the lawyer cost you?

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In a lemon law case, Volvo is on the hook for 100% including tax, title, licensing, attorney fees, and any ancillary charges like a Warranty, Tinting, etc that might have been done to car. I.E. Complete refund MINUS deductions for usage / mileage allotted by the Lemon Law. Which basically says the mileage stops from the point the issue first started I believe.

And of course, you are responsible for any damages to vehicle which will be deducted from the settlement.

 

[chillg8r]

In a lemon law case, Volvo is on the hook for 100% including tax, title, licensing, attorney fees, and any ancillary charges like a Warranty, Tinting, etc that might have been done to car. I.E. Complete refund MINUS deductions for usage / mileage allotted by the Lemon Law. Which basically says the mileage stops from the point the issue first started I believe.

And of course, you are responsible for any damages to vehicle which will be deducted from the settlement.

Thats great, and i hope I never have to go through it.....[emoji1303]

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[Vetallist]

I don't understand why some forum members get so defensive whenever negative threads like this crop up? It goes from defending Volvo (why?? its a for-profit corp, not your friend) to becoming belligerent towards OP and anyone else chiming on OP's behalf.

It's true that all car manufacturers are prone to making lemons, some more than others, either by bad design that affects all vehicles or bad QC that affects some. Not quite sure how SPA-generation Volvo vehicles are stacking up against others, real data is nearly impossible to come by, but not looking very pretty for Volvo in my opinion.

I've experienced most of the malfunctions described in this thread in my 3 years of ownership, although most were quickly resolved and they never caused more than a minor inconvenience. But I'd sure be pissed (and my wife double so) if I had to face with the car crippling stories described here.

I can totally see how Volvo, that some hold in such high regards here (or any other manufacturer that for whatever reason you feel loyal to) would try to stonewall you until the lawyers get involved, and won't necessarily get prettier then.

 

[Tostik]

J.D. Power's 2019 UK Dependability Study

Volvo above average. Toyota near the bottom!

 

[vakman]

Hi There,

sorry to hear about all your issues. If it helps my wife still drives an old Volvo S40 dating back to 2005 with zero issues, except for the odd wiper blades and normal servicing.

I also on the back of that Volvo picked up a new MY17 XC90 D5 Inscription, which now has 26,000 on the clock. To date, nothing major except for a few software upgrades, a loose supercharger hose (replaced) and a noisy sunroof blind (replaced).

Overall, quite happy with the car. So much so, that I’ll probably pick up another small Volvo for the wife sometime next year.

Best of luck.

 

[Noigel]

First post from the Acura MDX forum:

"Long service history/How Acura response to my lawyer
If you plan on buying the MDX, read the attachment of my long service history with ongoing issues and the letter from Acura responding to my lawyer. Basically, they're saying "respectfully decline assistance". I wanted to post this on Reddit, but couldn't find a way to attach PDFs
Short summary: 11/20/15: 3 days: Moisture in tail light housing. Replaced housing. 01/09/16: Shifting issue. Update PCM.TCM, but didn't solve the issue. 04/28/16: Both LF and LR window run channels are deformed making noise. Rattle over bumps. Replaced both but didn't fix the noise from the LF window. 09/23/16: 7 days: Replaced LF window run channel 2nd time, but didn't fix the noise when going over choppy road. Rattle over bumps. Replaced rear dampers TSB 16-035. 02/12/18: RR door inner panel falling out. Replaced LF window run channel again 3rd time, still didn't fix the noise. Rattle from 2nd row seats when going over bumps. Alarm keep going off, replaced hood latch. Popping noise in 2nd row. Dealer didn't want to replace warped rotors under warranty. 02/14/18: Hard transmission shifting. Updated software, problem still present. 04/30/18: 7 days: Rattle from 2nd row seats when going over bumps again. Problem still there. Unable to start car in cold temp, but was told that the battery is fine. 07/12/18: 6 days: LKAS hugging right size. TSB 15-027. Still hugging to the right. 08/18/18: 3 days: Previous work damaged side sill panel 10/03/18: 2 days: Replaced LF window run channel again 4th time. Still didn't fix the noise. Multiple requests to replace the whole driver door, but denied. Warm air coming out of rear vents when the system is off, but was told it was normal. 12/07/18: 14 days: Fixed Plastic noise from FR of dash area. Replaced LF window run channel again 5th time, but noise still there when going over choppy road. Metal to metal noise in 2nd row, replaced slide base.
Current issues: LKAS hugging right, LF window noise, warped rotors, engine ticking noise/chirps, transmission hard shift, unable to start in cold weather, warm air coming out of rear vents even when system is off.
45+ days total in shop so far"

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Sorry to hear that. I am able to empathize with the person after going through the process.

 

[Noigel]

What part of Texas are you in?

Houston

 

[Noigel]

Your lawyer is an IDIOT. Find another one. Lemon Law guarantees you 100% of all attorney fees, Tax, Title, Licensing, and ancillary fees. Get another attorney, pronto. Google consumer attorneys and find one who didn't go to Clown College University.

It's pretty standard in almost every state what the Lemon Law requires of Manufacturer. And Volvo caves pretty quick once hit with one of these letters. Often times trying to agree on a buy back instead of having the car branded a Lemon (Not Always....but I'd say 50%).

I am probably an idiot too. First time lemon buyer, no experience. Would try to do better next time round.

 

[Noigel]

In a lemon law case, Volvo is on the hook for 100% including tax, title, licensing, attorney fees, and any ancillary charges like a Warranty, Tinting, etc that might have been done to car. I.E. Complete refund MINUS deductions for usage / mileage allotted by the Lemon Law. Which basically says the mileage stops from the point the issue first started I believe.

And of course, you are responsible for any damages to vehicle which will be deducted from the settlement.

The attorney told me that his fees is $3K. As I look at my case, or any lemon law case. I have some questions. If the automaker is paying the lawyer, what incentives does the lawyer have to fight so hard for the car owner? Would they not work with the automaker legal department to try convincing the car owner to take the offer? Just some random thoughts.

 

[Noigel]

FWIW, Volvo NA told me they wouldn't do anything for me and I had a T8 with a much worse service history and time out of service. I was pretty persistent, with good documentation etc. and they wouldn't budge - at all.

I got a good lemon lawyer involved and just gave him my service records and had an answer from Volvo within 3 days saying they would buy it back at 100% and pay all fees.

If you feel you have a case, get a new lawyer. If you really do and have a good lawyer they won't allow it to go further they will cave immediately.

Do you have the 2016/2019 XC90? The 2016 and 2017 XC90 have tons of problems. I do know a couple of people actually have their 2016 XC90 return in exchange for a new one. Now

maybe Volvo realized that they have replaced too many of them and decided to not replace them anymore?

 

[Noigel]

Hi There,

sorry to hear about all your issues. If it helps my wife still drives an old Volvo S40 dating back to 2005 with zero issues, except for the odd wiper blades and normal servicing.

I also on the back of that Volvo picked up a new MY17 XC90 D5 Inscription, which now has 26,000 on the clock. To date, nothing major except for a few software upgrades, a loose supercharger hose (replaced) and a noisy sunroof blind (replaced).

Overall, quite happy with the car. So much so, that I'll probably pick up another small Volvo for the wife sometime next year.

Best of luck.

Best of luck to you too. Volvo is a good car to drive if it is not a lemon.

 

[MyVolvoS60]

The attorney told me that his fees is $3K. As I look at my case, or any lemon law case. I have some questions. If the automaker is paying the lawyer, what incentives does the lawyer have to fight so hard for the car owner? Would they not work with the automaker legal department to try convincing the car owner to take the offer? Just some random thoughts.

Find another attorney! The dealer pays Lemon Law fees. So if the lawyer wants paid, he best get you a successful Lemon Law result. Any lawyer CHARGING YOU should be dumped in favor of a competent attorney.

You need an attorney versed in Consumer Law and not general practice. Been a decade since I lived in Houston so just google Consumer Attorneys: https://www.google.com/search?client=firefox-b-d&q=Consumer%20Attorney%20Houston&npsic=0&rflfq=1&rlha=0&rllag=29770684,-95409104,6294&tbm=lcl&rldimm=13919208002192596488&lqi=ChlDb25zdW1lciBBdHRvcm5leSBIb3VzdG9uGYSzCeLTt0h-WhMKEWNvbnN1bWVyIGF0dG9ybmV5&ved=2ahUKEwjV3MD5m5_iAhUSbq0KHdp0DwUQvS4wAXoECAoQKg&rldoc=1&tbs=lrf:!2m1!1e2!2m1!1e3!3sIAE,lf:1,lf_ui:2#rlfi=hd:;si:13919208002192596488,l,ChlDb25zdW1lciBBdHRvcm5leSBIb3VzdG9uGYSzCeLTt0h-WhMKEWNvbnN1bWVyIGF0dG9ybmV5;mv:!1m2!1d29.971651!2d-95.3513592!2m2!1d29.7154878!2d-95.5997021!3m12!1m3!1d124585.83339349626!2d-95.47553065!3d29.843569399999996!2m3!1f0!2f0!3f0!3m2!1i181!2i216!4f13.1;tbs:lrf:!2m1!1e2!2m1!1e3!3sIAE,lf:1,lf_ui:2

Pick the ones with the highest satisfaction, set up a free consultation, and bring a very organized folder of work orders organized chronologically. And also do write-up summarizing whats all taken place. Being organized will help the attorney understand your case fully and offer the best advice.

FYI what part of Houston you in? Use to live in The Spring / Klein area.

 

[drmanny3]

I don't understand why some forum members get so defensive whenever negative threads like this crop up? It goes from defending Volvo (why?? its a for-profit corp, not your friend) to becoming belligerent towards OP and anyone else chiming on OP's behalf.

It's true that all car manufacturers are prone to making lemons, some more than others, either by bad design that affects all vehicles or bad QC that affects some. Not quite sure how SPA-generation Volvo vehicles are stacking up against others, real data is nearly impossible to come by, but not looking very pretty for Volvo in my opinion.

I've experienced most of the malfunctions described in this thread in my 3 years of ownership, although most were quickly resolved and they never caused more than a minor inconvenience. But I'd sure be pissed (and my wife double so) if I had to face with the car crippling stories described here.

I can totally see how Volvo, that some hold in such high regards here (or any other manufacturer that for whatever reason you feel loyal to) would try to stonewall you until the lawyers get involved, and won't necessarily get prettier then.

My take on this rant is that it is an outlier and not representative of the vehicle or Volvo. True I do not like to see threads that dump on manufacturers or the car when it is not justifiable. However, I generally do not trust the Corporate world to do the right things. They tend to be very short sighted and excessively focused on profits rather than on being a responsible member of the community. Having said that there are a number of corporations that I respect as they make money and do the right things. Think of Costco, Trader Joe's, Starbucks, Seattle Fish Company, Volvo, etcetera.

This particular fellow who is ranting does not appear to be very knowledgeable about cars. He listed as the last major complaint "The AC electronic malfunctioned causing problems to the hybrid drive system and the whole AC system need to be replaced". Really? The whole AC? So we are talking compressor, condenser, blower motor, dryer, all the plumbing, all the electronics????? Come on that is a bit of a distortion and suggests that he makes broad-based and questionable comments. That in of itself does not mean he should be discounted or ignored. He just sounds like a complainer (drama queen) who is hoping to be rescued. You state that "I've experienced most of the malfunctions described in this thread in my 3 years of ownership, although most were quickly resolved and they never caused more than a minor inconvenience".

That is interesting if true, yet you did not start a tread and denounce the car and the company. Why? Why did you escape the pain when you experienced essentially the same issues as you stated?

 

[Noigel]

Find another attorney! The dealer pays Lemon Law fees. So if the lawyer wants paid, he best get you a successful Lemon Law result. Any lawyer CHARGING YOU should be dumped in favor of a competent attorney.

You need an attorney versed in Consumer Law and not general practice. Been a decade since I lived in Houston so just google Consumer Attorneys: https://www.google.com/search?client=firefox-b-d&q=Consumer%20Attorney%20Houston&npsic=0&rflfq=1&rlha=0&rllag=29770684,-95409104,6294&tbm=lcl&rldimm=13919208002192596488&lqi=ChlDb25zdW1lciBBdHRvcm5leSBIb3VzdG9uGYSzCeLTt0h-WhMKEWNvbnN1bWVyIGF0dG9ybmV5&ved=2ahUKEwjV3MD5m5_iAhUSbq0KHdp0DwUQvS4wAXoECAoQKg&rldoc=1&tbs=lrf:!2m1!1e2!2m1!1e3!3sIAE,lf:1,lf_ui:2#rlfi=hd:;si:13919208002192596488,l,ChlDb25zdW1lciBBdHRvcm5leSBIb3VzdG9uGYSzCeLTt0h-WhMKEWNvbnN1bWVyIGF0dG9ybmV5;mv:!1m2!1d29.971651!2d-95.3513592!2m2!1d29.7154878!2d-95.5997021!3m12!1m3!1d124585.83339349626!2d-95.47553065!3d29.843569399999996!2m3!1f0!2f0!3f0!3m2!1i181!2i216!4f13.1;tbs:lrf:!2m1!1e2!2m1!1e3!3sIAE,lf:1,lf_ui:2

Pick the ones with the highest satisfaction, set up a free consultation, and bring a very organized folder of work orders organized chronologically. And also do write-up summarizing whats all taken place. Being organized will help the attorney understand your case fully and offer the best advice.

FYI what part of Houston you in? Use to live in The Spring / Klein area.

The lawyer told me that Volvo will pay them 3K. Sorry for that misinformation. They claimed that they used to work for automaker legal department and now they help people to fight for their lemons. However, now that I read their good reviews, most of them got some type of settlement instead of having their car changed.

Near museum district.