Can i replace 5at for 6mt through lemon law?

[reem]

this is another "JUST WONDERING" question... my 5AT has been having quite a bit of problems since ive gotten it. heres a few to list:

- 2 dents (both not my fault)
- had to replace faulty throttle body (in shop fro 25 days)
- the temperature guage is a little messed up (one shows F. one shows C, but the degree number is the same. so basically i see 72C and 72F on the other one.)
- had to replace brakes and resurface rotors only after 11,000 miles (i dont drive hard at all)
- my window fights me (when i try to pull it down, sometimes it rebels and feels like staying up. or when i do get it down... when i try to pull it back up, it rebels and goes back down on its own.) -- getting that fixed today.
- plus many other few miscellaneous things


seriously, i dunno about you guys but the problems with this car within the first year are pretty ridiculous. the guys at Discover Infinti know me by my face and the service guys dont ask my name when i walk in anymore. so i figured, maybe my car is on its way to being a full-grown lemon.

I've always wanted a 6mt, and i thought this could be my chance... so i'd like to ask you guys.... if my lemon law suit did go through, wuold i be able to replace my 5at with the 6mt no problems? (besides added costs of the additional options? or would they have to give me the exact same car..

sorry for the long post, im on break from school and my fingers needed some exercise.

[reem]

and i wanna know from you guys if it's worth the hassle and lawyers and stuff.. i dont really know the whole process so i'd be grateful if you guys can share your knowledge or past experiences. THANNNNKKSSS GUYYYSSSS.

[roneski]

Really depends on the law in your state. I know that in some states if your car is in for service for more than 30 days in a 1 year period then it automatically qualifies. The dents wouldn't count unless the dealer caused them.

I'd go and talk to the dealer first though. If they really stand behind their product then you should be able to work out a very fair trade deal with them.

Why did it take 25 days to replace your throttle body btw?

[GZire]

I'm with roneski on checking the local lemon laws in your state. Typically when using the lemon law it's to address a specific problem that is not being corrected (usually three attempts).

In your case it's a bunch of minor (except the throttle body) problems. I'm not too surprised that you had to change your brakes. Our pads are very soft and are one of the reasons we can stop the Gs in very short distances, something like city driving can kill your pads. The rotors are a different story and are more realistically covered with a TSB, recall notice, or class action lawsuit.

Before you talk to your dealer about doing the lemon law thing, I'd research the lemon law thoroughly. I have a feeling that if you mention switching from an AT to MT trans to the dealer AND the lemon law, you are going to get no cooperation from the dealer.

[donpalombella]

I doubt your list of troubles, while numerous, would be enough to qualify, but you'll never know if you don't investigate.

[DOHCtor Dan]

are you allowed to upgrade in the lemon law? i thought the lemon law only allows you to get the same car back. i could be wrong though; i've never experienced buying a lemon before.

[Ru_G36c]

my bro had got to return his Sebring a few years back through lemon law. The dealer had to buy back the car for the price he paid for it.

[reem]

im more interested in the process. if it's lengthy... if it's costly.. if it's too much hassle.

and im in california.

and the reason why the throttle body took so long is because the part was on back order... but i read in the lemon law that if the car is "out of service for more than 30 days" sooo... i interpret that as 25 days "out of service" in my book.