Hello There,I bought a 2012 Honda Odyssey from the dealer: 'Honda Princeton' around 4 months back.The vehicle broke down (stalled) on New Jersey Turnpike on 4/10/2012. The service Dept. at the dealership with the help of Honda Technicians diagnosed that the timing belt mechanism of the vehicle malfunctioned and caused damage to the engine of the vehicle. The dealership is now trying to repair the engine and replace the timing belt (They have ordered parts worth $3200). However, given that the vehicle was just few months old and driven less than 2000 miles, I am concerned about taking a repaired vehicle back. Not only that such a major repair within a few months of purchase of the vehicle will bring the re-sale value of the vehicle down, but also the reliablity of the vehicle is low given it will be running on a 'reparied engine'. Also, there is no guarantee that the problem will not re-occur in future.Honestly, I do not feel comfortable driving that vehicle over long distances anymore, espcecially keeping the safety of my family in mind.I'd like to know what options I have in this situation and how can I make the Dealership / Manufacturer of the Vehicle replace this vehicle with a similar 'new' vehicle.Please help me in this situation as talking to the dealership and also directly to the company is not yeilding any positive results.Thanking you in advance.Sincerely Your,Amit Tandon(Cell:(NNN) NNN-NNNNI would like to know the following:1) Is it fair on my part to ask the dealership / Manufacturer to replace my vehicle with a similar 'new' vehicle given all the facts above ?2) What are my legal rights as a consumer that I can use to influence the decision or car replacement in my favor ?3) What are the laws that would protect my rights as a consumer in this situation.4) I bought this vehicle on Mortgage from Honda Financial Services and have been paying my monthly payment of $577 on a regular basis so far. Now that I don't have the vehicle with me for more than a week, am I eligible for any credit for the period I did not use the vehicle.5) In case, the dealership/manufacturer don't agree to replace the vehicle, What are my options ? Can we: a) get at least the 'engine' replaced ? b) get a guarantee from the dealership to reimburse all the expenses in case the Car breaks down again,including towing/rental/hotel expenses? c) any other option?6) I spent $125 to tow the car from NJ Turnpike to another location. My insurance did not cover that amount because NJTP is a restricted area and only private towing contracts are allowed to operate their. Can I get that amount reimbursed from Dealer/Manufacturer or my insurance company ?7) How can I make use of Lemon Law ?8) Can I go to Consumer Courts and file a concern? How does that work and what are my chances of winning the case?9) I have opened up a case with 'American Honda', but they are asking me to work with Dealership and their Honda Representative at the dealership.10) What are the advantages of me hiring an Attorney to represent my case ? Where will the trial happen and how much expense should I expect from my pocket ? Do I get that money back if I win the case ?
State/Country relating to Question: New Jersey
I bought a 2012 Honda Odyssey from the dealer: 'Honda Princeton' around 4 months back.
The vehicle broke down (stalled) on New Jersey Turnpike on 4/10/2012. The service Dept. at the dealership with the help of Honda Technicians diagnosed that the timing belt mechanism of the vehicle malfunctioned and caused damage to the engine of the vehicle. The dealership is now trying to repair the engine and replace the timing belt (They have ordered parts worth $3200). However, given that th
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Hi,Yes, I am still waiting for an answer, in fact since yesterday. I have already made the payment, but have not received any response.Please have an expert attorney look at it and reply to it as soon as possible.It is important that I receive the response latest by EOB today (4/19).Also, is there an email or phone number, where I can follow-up on my request ?Thanks, Amit
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I am very sorry for the delay you have experienced, sometimes questions just get lost in the list and get missed. I apologized.First, a 2012 vehicle blowing an engine is a manufacturing defect. Under the Manguson Moss Warranty Act and the Lemon Law, they have to either repair or replace the vehicle. At this point, you can call Honda USA and negotiate with them to replace the whole vehicle, but legally they are bound to only repair or replace the engine and then only if they cannot repair or replace the engine would they have to replace the vehicle. However, informing them you are going to let the media know this has happened and get them some publicity about it (do it in a nice way) can sometimes convince them to negotiate with you.Second, on a manufacturing defect like this, Honda is STRICTLY liable for all damages you incurred, meaning they are liable to pay you for the tow and all related expenses you incurred as a result of their defective product.Third, under the MMWA and Lemon Law, if you have any disputes you can first go through the Attorney General's consumer unit and ask for their assistance in negotiating a resolution.Fourth, hiring a lawyer at this point is going to cost you money when you need to first try to negotiate this as far as you can first. Then if you cannot get the dealership to be reasonable with this matter, you can go hire an attorney to pursue them. Fifth, there is no such thing as "consumer courts," and you are likely referring to small claims court and the value of this claim is way above the limits allowed in small claims court.Finally, the NJ Lemon Law does not provide that you must get a vehicle replacement here unless the manufacturer cannot repair the vehicle in a reasonable time I am afraid.
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Hello Mr. Paul,Thank you for all your answers, really appreciate.I think there was only one question that was unanswered, which is # XXXXX in my list:4) I bought this vehicle on Mortgage from Honda Financial Services and have been paying my monthly payment of $577 on a regular basis so far. Now that I don't have the vehicle with me for more than a week, am I eligible for any credit for the period I did not use the vehicle.Also, I have just one more follow-up question:Question: Yesterday, I got a call from the 'Case Manager' at American Honda and she told me that they are presenting my case to the higher management. She said that they will have a decision on whether they would replace my vehicle or not by Friday. She was very friendly talking to me and the way she sounded I felt I have slightly better chances of getting a replacement vehicle. I am keeping my fingers crossed.She also informed me (and was also confirmed by dealership) that my current vehicle has not been repaired and can be picked up.My question to you is: "Will it be OK for me to pick-up the vehicle and continue pursuing my case with American Honda ?" Or "Will it better if I don't pick-up the vehicle from the dealership while I continue to fight the legal battle?"The dealership is saying, "I can pick-up the vehicle as they have performed the service to the vehicle and continue to talk to American Honda about my request".Please let me know what is best for me.Thank you very much again.Regards,Amit
I am sorry, sometimes we miss a question here and there when there is a long list. Please accept my apology.4) Unfortunately, you have to keep paying the loan and you can seek compensation in the form of cost of a rental vehicle or reimbursement for a portion of your loan note for the time you could not use the car because of their defect. This is part of your actual damages. If the engine is damaged, DO NOT pick it up, since they will then try to claim that you driving it more caused the damage. Negotiate with Honda first, if they refuse to replace the engine or the vehicle, then you will need to pursue them with your Attorney General's complaint first and then to court if the Attorney General could not resolve the matter. Leave the vehicle there and do not touch it until the matter is resolved.
Thank you very much for your quick response. And, extremely sorry for a 'typo' in my last question: Actually, dealership and American Honda informed me that the vehicle HAS BEEN repaired and ready to be picked-up. Can I pick up the repaired vehicle and continue to talk to American Honda or leave the vehicle at the dealership. Many Thanks, Amit
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