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Lemon law on paint?

Discussion in '3rd Gen. Tacomas (2016-2023)' started by Kjntaco, Jan 15, 2019.

  1. Jan 15, 2019 at 12:33 PM
    #1
    Kjntaco

    Kjntaco [OP] Well-Known Member

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    Mottling and cloudy paint on both sides of the truck including grill.
    Would this fall under lemon law?
    ( Defined as a defect, malfunction, or condition that fails to conform to the motor vehicle’s applicable express warranty, and that substantially impairs the use, market value, or safety of a motor vehicle. “Substantially impairs” means to render the motor vehicle unfit, unreliable, or unsafe for warranted or normal use, or to significantly diminish the value of the motor vehicle.)
     
    Last edited: Jan 28, 2019
  2. Jan 15, 2019 at 12:37 PM
    #2
    dnlskier

    dnlskier Well-Known Member

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  3. Jan 15, 2019 at 12:38 PM
    #3
    TacoBuffet

    TacoBuffet Well-Known Member

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    Pretty sure under lemon law you have to let them attempt to fix it first before it qualifies, which it sounds like they're doing and even then after so many days and so many attempts without resolve.
     
  4. Jan 15, 2019 at 12:38 PM
    #4
    LivinOnEdge

    LivinOnEdge ¯\_(ツ)_/¯

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    Only if you bought your truck under the impression the paint was unchipable as advertised.

    Basically no.
     
  5. Jan 15, 2019 at 12:38 PM
    #5
    siznarf

    siznarf Everyone my age is older than me...

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    Not a chance
     
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  6. Jan 15, 2019 at 12:38 PM
    #6
    Taco_Craig

    Taco_Craig Well-Known Member

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    That sucks but I don't see how you could Lemon-Law it when they're making an apparently good-faith effort to repair.

    If you get a good bodyshop and a decent paint job, I don't see the future value being impacted (I can't imagine they report "repainted" to Carfax).

    But yeah, it sucks.
     
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  7. Jan 15, 2019 at 12:39 PM
    #7
    Trouble_The_Tacoma

    Trouble_The_Tacoma Well-Known Member

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    What was that word?
     
  8. Jan 15, 2019 at 12:39 PM
    #8
    Kjntaco

    Kjntaco [OP] Well-Known Member

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    Doesn't repainting a whole new vehicle hurt the value?
     
  9. Jan 15, 2019 at 12:40 PM
    #9
    LivinOnEdge

    LivinOnEdge ¯\_(ツ)_/¯

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    Not a real word, but if you sound it out you’ll get it.
     
  10. Jan 15, 2019 at 12:40 PM
    #10
    TacoBuffet

    TacoBuffet Well-Known Member

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    Only if its reported on carfax, etc. and a crappy job, neither of which I think you should have to worry about. There's a ton of guys that had trucks repainted do to failing clear with blazing blue.
     
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  11. Jan 15, 2019 at 12:41 PM
    #11
    Trouble_The_Tacoma

    Trouble_The_Tacoma Well-Known Member

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    OP is your truck a metallic color?
     
  12. Jan 15, 2019 at 12:41 PM
    #12
    john221us

    john221us Well-Known Member

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    It wouldn't in CA (not sure about HI).

    https://www.dmv.org/ca-california/automotive-law/lemon-law.php

    In California, a vehicle is presumed to be a “lemon" by the Song-Beverly Consumer Warranty Act if, within 18 months of the vehicle's delivery to the buyer (or 18,000 miles on the odometer):

    • 2 attempts or more have been made by the manufacturer to repair a warranty problem that could result in death or serious injury.
    • The manufacturer has attempted to repair the same warranty problem at least 4 times.
    • The car has been out of service for 30 days or more for repair to warranty problems.
    • Problems to the vehicle are not the result of abuse by the owner.
     
  13. Jan 15, 2019 at 12:41 PM
    #13
    5nahalf

    5nahalf I build dumb things

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    Lemon law, no

    Getting a full paint job though wouldnt be a bad thing. The OEM paint is sometimes not the best, having a shop repaint it will result in a better finish as they are going to do it all by hand.

    They will also wet sand a polish the whole truck when done.

    If they are going to respray the whole thing, I would be 100% onboard. But you should set some rules.
    I would request the old finish be stripped off down to OEM primer
    All trim needs to be removed, no tape jobs
    glass needs to either be removed or have the weather stripping taken off
    truck must be wet sanded and polished
     
  14. Jan 15, 2019 at 12:43 PM
    #14
    Rock Lobster

    Rock Lobster Thread Derailer

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    Lemon law is an uphill battle, and it depends on the state.

    Did you give them a reasonable chance to repair yet? Youll need to at least have a look at the repair before you lawyer up.

    You're going to have to prove significant loss in value which means going up against big Toyotas big law firm and their arguments that the loss isn't significant enough.
    Cue the lawyers saying "that depends on what your definition of 'is' is"...
     
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  15. Jan 15, 2019 at 12:46 PM
    #15
    oruacat2

    oruacat2 Well-Known Member

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    I'm curious how you didn't notice it before signing the paperwork if it's as bad as described?
     
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  16. Jan 15, 2019 at 12:47 PM
    #16
    Dravnx

    Dravnx Well-Known Member

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    I had major damage done to a Dakota that I owned. I brought it to a top notch body shop. They repaired the damage and did a really nice job. You would be hard pressed to figure out it was ever done. About 12 years later, the clear coat started to peel. I remembered that the repair came with a life time warranty on the paint. I brought the truck in and they made an appointment with the PPG rep to look at my truck. The PPG rep authorized a repaint so I got the truck painted again when it was 12 years old. My point is that getting the truck painted may be an ace to hold in your pocket.
     
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  17. Jan 15, 2019 at 12:49 PM
    #17
    john221us

    john221us Well-Known Member

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    Here is Hawaii's Lemon Law:

    https://www.dmv.org/hi-hawaii/automotive-law/lemon-law.php

    Under the Lemon Law, a consumer has a period of 2 years or 24,000 miles to bring the defect to the attention of the manufacturer or the dealer acting as a representative of the manufacturer. In addition, you must meet the following requirements:

    • The vehicle in question must be new and under warranty when the defect or malfunction occurs.
    • The problem under warranty must somehow affect the market value of the car, the ability to use it, or its safety.
    • You have taken the vehicle into a garage for 3 attempts to fix the same malfunction and the problem was not resolved.
      OR
    • The cumulative time the vehicle spends in the shop adds up to 30 days within 2 years.
      OR
    • The defect is so serious that it renders the vehicle so unsafe it could cause death.
     
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  18. Jan 15, 2019 at 12:50 PM
    #18
    thelate1

    thelate1 Well-Known Member

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    That was my first thought.

    This 100%. Make sure this is put into writing for you as well.
     
  19. Jan 15, 2019 at 12:50 PM
    #19
    5nahalf

    5nahalf I build dumb things

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    If its done right it will last a very long time. If its done wrong then you can take it back to the body shop and have them do it again.

    Big things you will want to look at is how they are going to prep the surface. If they are just going to hit the whole car with a scotch brite pad, then it wont stick as well. If they are going to strip the old clear and color off, respray primer, then add color and clear it will last longer.

    Body work all comes down to prep work. You can be the best painter in the world, but if your prep is shit, your paint wont stick.
     
    Kjntaco[QUOTED][OP] and thelate1 like this.
  20. Jan 15, 2019 at 12:58 PM
    #20
    TacoBuffet

    TacoBuffet Well-Known Member

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    Oh you have mag gray? Thats such a tricky color, my 17 had some molting on the bezel (wasnt really enough for me to complain) and the of course rear door not matching front door in certain lights they all have (see pic below).

    B23F49DB-9889-4313-8120-084C1AE39CBB.jpg
     
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