Quote:
Originally Posted by SmartAzz
I wonder if lemoning it is an option since it is out of commission so long. Not sure you'd want to tho..
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This is actually your best option if your state has such laws. First, they will likely settle but from personal experience, I've been awarded replacement in both cases. I actually negotiated with Infiniti after the court verdict to get a refund instead and they were more than happy to oblige. When I got a refund, it's a complete refund of payments you made, registration fees less any mileage deduction from the time of the first complaint. Also, if it goes to trial with an attorney in CA, his fees are paid seperately and you can get up twice the value of the car.
But lets talk reality, they get a good percentage of orphans everywhere, I seriously doubt any dealer has 100% take rate on ordered cars as customers don't have any real skin in the game, just $99 and they can get that refunded. More than likely, if you talk to the dealer's sales manager nicely, without any threats of lemon laws or lawsuits, you can probably get them to give you a new Smart car as they'll easily sell yours for over sticker anyway. If they don't, don't talk to the dealer about lemon law lawsuits, it's between you and Smart, not the dealer. Find a lemon law lawyer and take it from there, many do it for free on consignment, some just want a $500 retainer fee.