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New Car Question

  • derek bomar
    So my parents bought a new car recently (Hyundai Santa Fe) and the thing has been giving them trouble lately. Basically what happens is that they'll be driving and all of a sudden the car will decelerate to like 20 mph and if you floor it you won't go above 20...my mom said that it's happened to both her and my dad, and both times they almost were in an accident because of it. They've had it looked at twice by the dealer (the dealer is currently looking at it as I type this). My parents want them to take it back.

    My question is: is it normal for a dealer to take back a defective car (seems to be defective to me...) and if they do, what happens to the money you've paid on the car? also, what could be causing this to happen?
  • Raw Dawgin' it
    This sounds like it's under the lemon law.
  • ttocs14
    Had a car do something similar. In my case it was a throttle positioning sensor, but i'm not familiar with Hyundai vehicles.

    With the first question...I wouldn't think the dealer will do much unless you can classify it under lemon laws.
  • CenterBHSFan
    derek bomar;752849 wrote:So my parents bought a new car recently (Hyundai Santa Fe) and the thing has been giving them trouble lately. Basically what happens is that they'll be driving and all of a sudden the car will decelerate to like 20 mph and if you floor it you won't go above 20...
    I had a car that did that to me before. Turned out the cam shaft/module went bad. After I got them replaced, it ran perfectly fine. Oh, and my warranty covered it.
  • gport_tennis
    My guess is that Hyundai would either fix or replace the car.

    To answer your question no it is not normal for a dealer to take a car back. Very unlikely.
  • GoChiefs
    Some notes about Ohio and Federal lemon laws...remember...these only apply to NEW cars...
    wrote:To qualify under the Ohio Lemon Law or the federal Lemon Law, you must generally have a product that suffered multiple repair attempts under the manufacturer's factory warranty. Lemon Law compensation can include a refund, replacement or cash compensation.
    wrote:The automaker or dealer must be given a reasonable opportunity to fix the problem, and if the problem is not corrected, you might be eligible for a refund or replacement. You are covered by this law even if the problem was discovered late in the protection period and the repair attempts extend beyond one year or 18,000 miles. Failure to comply with Ohio's Lemon Law is a violation of Ohio's Consumer Sales Practices Act.
    wrote:Has the Manufacturer Had a Reasonable Opportunity to Repair the Vehicle?

    If you can answer "yes'' to any of the following four questions. the manufacturer is presumed to have had a reasonable opportunity to repair your vehicle under Ohio law.

    Have three or more attempts been made to repair one problem and then the problem occurs again?

    Has the vehicle been in the shop for 30 days or more during its first year or 18.000 miles?

    Have eight or more attempts been made to fix different problems that impair the use, value or safety of the vehicle?

    Has one unsuccessful attempt been made to fix a problem that could cause death or serious injury?

    If you answered "yes" to at least one of these four questions, you have the legal right to ask the manufacturer to replace the lemon or refund the entire purchase price.
    wrote:Will the Manufacturer Refund the Full Purchase Price of the Vehicle?

    Once it is clear that your vehicle has not been fixed, the automaker must, at your option, give you a new vehicle or refund the "full purchase price". That price includes all of the following:

    The price for the car plus the costs for transportation, dealer preparation, delivery, dealer installed accessories, and other services.
    The costs for financing and credit insurance, as well as any warranty and service charges.
    Taxes and any other government charges, including state sales tax, license fees and registration fees.
    wrote:Sometimes an automaker will agree with your claim and work to replace your lemon as quickly as possible. In most cases, the manufacturer will request an additional opportunity to repair the vehicle. They may try to negotiate a mutually satisfactory resolution with you. The manufacturer or dealer should advise you about an arbitration program available to informally resolve disputes. If you apply for arbitration, you should expect to wait several weeks for your hearing to be scheduled. Informal arbitration is, however, much faster and less formal than a court proceeding.


    Send a certified letter to the automaker's "Zone Office". You can find the address in your owner's manual, or ask your auto dealer. In the letter, list the problems you've had with the car, and what attempts have been made to correct them. Finally, your letter should indicate whether you want the car replaced or the refund for your full purchase price. Be sure to keep a photocopy of your letter for your records. Claims must be brought within five years of the date of the original delivery of the motor vehicle.
  • derek bomar
    thanks chiefs