R50/R53 :: Hatch Talk (2002-2006) Cooper (R50) and Cooper S (R53) hatchback discussion.

R50/53 Our Pepper White is a Lemon! HELP!

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Old May 19, 2006 | 08:34 PM
  #26  
dperos's Avatar
dperos
Neutral
Joined: Mar 2006
Posts: 4
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From: Winter Haven
Well my MCSa is two weeks old as of today! and has been in the garage 2 times and going back for the third time on monday. The SES light came on the first day and on my way home from work all of a sudden the car down shifted for no reason and my RPM's flew up to 5k and the car behind me almost slammed into me. The mechanics replaced a sensor but the SES came back on so now they say they diagnosed it incorrectly because its a 2006 and their diagnostic machine only really works for 2004 and under. So now they ordered a new shifter and will replace it on monday.
 
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Old May 19, 2006 | 09:41 PM
  #27  
caminifan's Avatar
caminifan
6th Gear
Joined: Jul 2004
Posts: 2,072
Likes: 4
Originally Posted by LeeL
I know it sucks, but I would say so far, I could see an argument that you do not qualify for Lemon Law replacement.

You said that 3 different codes showed up and one of them, the tank vent system was reparied. I thought it had to be 3 times for the same thing.

Since the SES light can come on for a hundred plus different reasons, it will be interesting to see how they see this. You might call your states Attorney Generals office and ask them.
The state Attorney General's office is generally not the one to make a call regarding whether a SES light three times in a row qualifies for Lemon Law coverage. Ultimately, if it comes to litigation, a judge will make the call. It usually doesn't get that far along, though. In Lemon Law issues, the manufacturer usually has the burden to prove that three SES lights in a row does not qualify for treatment as a lemon. Frankly, I have not seen where the Lemon Law statute requires the level of granularity (three SES lights for the same issue) you attribute to it. In any event, it would seem that a call to an attorney whose practice includes lemon law actions is in order.
 
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