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Lemon law buy back a/c problems?

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Old 08-27-2003 | 05:15 PM
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STICKY: Lemon law buy back a/c problems?

I bought a 8 in July and I have taken it back to two different dealers a total of three times with air conditioner concerns of blowing warm air out the vents. The last dealer who worked on the car on August 13, with only 500 miles on the car, told me the expansion valve was defective and needed to be replaced. He told me this was confirmed by placing gauges on the air conditioner valves and getting some low readings. The dealership keeps my car three days and then I call and inquire about the status of the car. I am told the Mazda tech line warranty administrator has refused to allow the dealer to replace the faultly valve and they are putting the car back together and I can come pick it up.
I go to the dealership and question them about this and am told to just take it for a drive to see how it cools. Before I do, I raise the hood and inspect the car. There is an oily substance all over the engine and front bumper, there is a scratch in the fender and the air conditioner valve covers are missing.
The dealer then tells me he can clean the car up and will repaint the fender for me. I tell the dealer I now do not want the car and they can give me my money back. He then instructs me to call Mazda and tell them and he directs me to this office and points a phone out to me. The Mazda operator has no clue and just tells me to follow the procedure in the owners manual for a buy back.
I do as the owners manual states to request a buy back and it has now been two weeks with no response from Mazda. How long does it take Mazda to respond? Why can't Mazda just fix the car and replace the defective part?

Last edited by 1fine8; 08-27-2003 at 05:21 PM.
Old 08-27-2003 | 05:31 PM
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You need to decide first what you really want; you're being too wishy-washy here. Do you want the car or don't you? If you don't want the car, you're in luck. Mazda is giving you a get-out-of-jail-free card. Call the 800 number and they will arrange to take it back due to their settlement about hp. Otherwise, the lemon law doesn't yet apply in your case.

If you want to keep the car, make them fix it plain and simple. It sounds like the dealer offered to do so: He'll clean and repaint it for you. Tell him to go right ahead. You gotta decide what you want.

BTW, you can tell him to fix it as he offered, and you still have till Oct 1 to return it. I just wouldn't return it there, as you might **** off the service guy. Just my advice...
Old 08-27-2003 | 05:42 PM
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I don't know why none of the techs were able to tell you before any of this happened what I found out in my own driveway:
When the car is in idle, the rpms seem to be too low to generate enough power to run the A/C compressor, hence warm air. However, when the rpms exceed 2000. . . voila, cold air!

Last edited by mystrx8; 08-27-2003 at 05:47 PM.
Old 08-27-2003 | 05:55 PM
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8wantabee

The dealer was instructed by Mazda to NOT to replace the defective part. The dealer will NOT repair the air conditioner. But will give me a damaged car with a REPAINTED fender.
Old 08-27-2003 | 06:03 PM
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Thankfully you can take the HP buyback on this issue.

FWIW, in most states lemon law proceedings only come into play when the problem affects drivability, e.g. engine stalls, not things like the A/C, so it really is a good thing the HP buyback came along...
Old 08-27-2003 | 06:28 PM
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Originally posted by BillK
FWIW, in most states lemon law proceedings only come into play when the problem affects drivability, e.g. engine stalls, not things like the A/C
I beg to differ; I was under the impression that most lemon laws also apply to faults that materially effect the value of the vehicle. Non-functioning A/C might not qualify in New England, but it'd sure detract from the value here in Texas!
Old 08-27-2003 | 06:40 PM
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In most states you should have a lemon law book with your car. I must disagree with the assertion that drivability must be affected. In Florida in order for the car to be considered a "lemon" the problem must be covered by warranty and the problem must "substantially impair the use, value, or safety of the vehicle within a reasonable number of attempts to repair the problem (usually three) That must fall within the lemon law period, which is two years in FL. Check your lemon law in your state. Document everything make the required number of attempts and you will have the buy back option and the lemon law to help you out. I think a faulty AC impairs the value and use of your car if MI is similar to FL.

Good luck!
Old 08-27-2003 | 09:50 PM
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Originally posted by 1fine8
8wantabee

The dealer was instructed by Mazda to NOT to replace the defective part. The dealer will NOT repair the air conditioner. But will give me a damaged car with a REPAINTED fender.
Well, that's what that dealership (the same one that damaged your car) said. I would take that with a big grain of salt, and call MazdaUSA to make sure that's what happens.

---jps
Old 08-27-2003 | 10:12 PM
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Originally posted by mystrx8
I don't know why none of the techs were able to tell you before any of this happened what I found out in my own driveway: When the car is in idle, the rpms seem to be too low to generate enough power to run the A/C compressor, hence warm air. However, when the rpms exceed 2000. . . voila, cold air!
mystrx8, I'm glad this answered your problem but many of us suffer from cycling a/c even while freeway driving. I understand what 1fine8 is talking about cuz I have the same problem. It's not related to the cutout at 65% either. There seems to be no rhyme or reason as to when it happens, it just starts blowing warm air for a few seconds, then back to cool again.
Old 08-28-2003 | 10:05 PM
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A good lemon law example (currently happening):

When I got to about 1800 miles, my tire pressure sensor went off. I checked, and sure enough my rear driver's side tire was low three lbs of pressure. I filled it, and this happened again about a week later. Then another week later. Then it started to happen every three days, then every day. So I took it in as part of my early oil change (2500 miles). They've given it back to me four times, and each time they've given it back with low pressure. I pointed it out, at which point they took the car back to fix it again. They have no idea what's going on, but I sure think losing 25% of my air pressure after 11 miles driven qualifies as affecting drivability, no? And considering they've tried to fix it and given it back to me each time (I have separate claim tickets and no-charge receipts), I have a right to claim lemon law. I'm giving them this one last time to get it right, and if it happens again I'll take it back and demand that they replace the two rear wheels and tires with a fresh set (off of an 8 on the lot).
Old 08-29-2003 | 01:34 AM
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Originally posted by DisneyDestroyer
A good lemon law example (currently happening):

When I got to about 1800 miles, my tire pressure sensor went off. I checked, and sure enough my rear driver's side tire was low three lbs of pressure. I filled it, and this happened again about a week later. Then another week later. Then it started to happen every three days, then every day. So I took it in as part of my early oil change (2500 miles). They've given it back to me four times, and each time they've given it back with low pressure. I pointed it out, at which point they took the car back to fix it again. They have no idea what's going on, but I sure think losing 25% of my air pressure after 11 miles driven qualifies as affecting drivability, no? And considering they've tried to fix it and given it back to me each time (I have separate claim tickets and no-charge receipts), I have a right to claim lemon law. I'm giving them this one last time to get it right, and if it happens again I'll take it back and demand that they replace the two rear wheels and tires with a fresh set (off of an 8 on the lot).
Curious, did you or the dealership check for a nail or something causing a slow leak by any chance? They can be sometimes very hard to find especially at the rear where you can't turn the wheels for better view.
Old 08-29-2003 | 07:27 PM
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I took my car back to the selling dealer on the urging of the sales manager to give them another opportunity to look at the air conditioner. He tested it, added one can of freon and then he tested it some more and then we went for a test drive. The vent temperature at idle was 60 degrees, while driving 60-65 mph the temperature went down to 50 degrees. The technician then called Mazda's tech line. He was told they were aware of my concerns of the air conditioner and were in contact with Mazda engineering and they were making a part to go on my car to make it cool better. He stated something about a calibration part that would allow more freon into the system that would cause it to get a lower cooling temperature. He stated as the air conditioner system as installed at the factory is under sized with regard to the amount of freon it will hold.

I just wish Mazda would have responded to my buy back letter or informed me about what their intentions were with my air conditioner concerns.

This does makes me feel better about the car and Mazda knowing somebody is listening to me and seems to care about making me a satisfyed customer. I just hope the new part works as it is intended to.
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