So a little brake fluid leak should be no big deal for Your Greatness to fix then, Poindexter?

 

I don't know the whole story here because the opening post was removed before I had a chance to read it. Silver, your mistake was coming onto a F-150 forum for legal advice. Would you go to a legal forum for F-150 advice? There are a lot of know-it-alls here. Hell, I've posted about mechanical issues that involved some legal tidbits, and instead of focusing on my question, I was admonished for my actions. Nonetheless, once you get passed the few people that get a kick out of arguing on the internet, you can get some really helpful info here.

Anyhow, let me offer you my professional opinion. Some have mentioned that the standard for determining whether you have a lemon is if "a serious safety defect in the braking or steering system has been subject to repair at least once during the lemon law rights period and has not been corrected".

That is not entirely correct. We should also consider your duties to gain entitlement to remedy under the GA Lemon Law statute. Let's take a quick look at the GA statute:

So, the dealer must first be given a reasonable number of attempts to correct the problem. After such opportunity for a reasonable number of attempts, you then have the duty to "notify the manufacturer by certified mail, return receipt requested, at the address provided by the manufacturer." Of course, what the hell does "a reasonable number of attempts mean"? You don't think that the GA General Assembly would leave such an ambiguity in a statute developed in response to the General Assembly's recognition that "a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer"? See GA Stat. 10-1-781. The answer for what constitutes a reasonable attempt can be found by looking at 10-1-784 (b):

I split this post to conform to forum word limitations...

 

I have added emphasis to the most difficult "reasonable attempt standard" to prove and the easiest "reasonable attempt standard" to prove. As a common sense approach, stick to the easiest standard so as to save yourself from litigation that may prove unfruitful. So, if they have attempted to fix this issue three times or more, then, pursuant to 10-1-784(a)(1), you must "notify the manufacturer by certified mail, return receipt requested, at the address provided by the manufacturer". After doing so, the manufacturer has seven (7) days to tell you where to take your vehicle, and fourteen (14) days from the date you bring the vehicle in for service to have the vehicle conformed to the warranty. This is the final attempt provision that is allowed to the manufacturer. If they did not conform to any of the deadlines, they have lost their final opportunity to cure, and you have yourself a lemon that must be bought back or replaced. But before you get there, you need to notify them in writing under the guidelines offered by the statute. It serves as notice to the manufacturer that you are giving them one final attempt to fix the out of warranty issue. I will not go any further as to what will constitute replacement, because we are not there yet.

So, in short, you do not yet have a lemon. But, it is my professional opinion that you may have the right (assuming you have taken it in at least three times) to make a final demand to repair under warranty. Good luck and keep us posted.

 

I notice every grammar, spelling, and punctuation error in every post I read. Most people are too stupid to realize they have done something wrong, but some just don't care. I learned a long time ago to not say anything about the errors. It usually ends up offending the person. They get defensive and start calling you names. Now I just use it to judge the intelligence of the person posting.

 

One more bump... wanted to make sure you got a chance to read it... good luck.

 

The real issue is if fluid can get out contamination can get in and cause future break failure. Since break fluid is hydroscopic (absorbs water and lowers the boiling point) it will cause rusting of the internal components of the break system. It needs to be fixed.

http://www.v8sho.com/SHO/BrakeFluid.htm

 

I prefer to think that the real issue is that the the statutory requirments necessary to make a final demand upon the manufacturer of the vehicle may have been met. The fact that the brake system is susceptible to deterioration of internal components demonstrates the urgency in which he should act. Everyone has a duty to mitigate their own damages... But I am probably getting too legally technical here. That was a great point nonetheless. It may be evidence that a "reasonable number of attempts' to fix in this situation is the statutory minimum of 1 (one). I find it unlikely that a court in a bench trial would find the possibility of internal corrosion of the braking system as lacking the essential requirements to be considered "a serious saftey defect". Whether a jury would is another question.

I just hope that the opening poster has the ability to recognize when a response is an opinion based on nothing but personal inclination, and when a response is an opinion founded on fact.

 

Gentlemen:

On topic or this one's gone. Stupidity is no excuse for being a butthole to a fellow owner that is asking VERY SIMPLE questions about some options on buying another vehicle.

Consider those of you who have caused problems within this thread warned. f150online.com doesn't tolerate this type of garbage and this forum is MUCH BETTER than the level of commentation that has been directed at the forum originator... I'm not talking to everyone here... just a select few... you know who you are.

-The Mgmt.-

 

RockPick... I wanted to offer a simple suggestion for your consideration. Maybe the amount of members on this forum calls for an inquiry into whether a Legal section should be created. I don't know the exact details of total membership or even if it is a practical endeavor, but I have noticed that legal issues have been popping up on a more frequent basis. It might help keep legal and mechanical issues seperate (although some legal scenerios, such as this one, might require at least a little bit of mechanical knowledge to help interpret some provisions within the statute).

Of course, if you open a Legal section, you might have to open a Grammer and Punctuation section as well, seeing as how it has suddenly become a major concern of the forum members, especially when it serves as an opportunity for collateral attack against another poster where fundemental disagreements exist. Now I am getting off topic. Anyhow, thanks for the great site.

 

You might spin a new thread in the SUGGESTIONS forum for that one... I wouldn't be opposed to it but, we may, as a result of the forum, inherit legal ramifications of our own...

Either way, it's not my call... Steve (webmaster) owns the site and would make a call on such a thing...

It's a very legal society in which we live and all aspects would have to be considered I believe... Thanks for the suggestion.

-RP-

 

Also, I should add... it's never been f150online.com's position to be a place for every Tom, **** and Harry to show up and voice their legal concerns about how Ford bent them over and rammed it in... people are passionate when it comes to their trucks and we've always attempted to keep the site tilting in the general direction of 'positive' versus being a headquarters for everyone who wants to go to war with Ford... While we're not associated with FoMoCo in any way shape or form, I can guarantee you if we had a place that caused them problems, they'd cause us problems...

RP

 

I will post my suggestions, as well as respond to your concerns, in the appropriate forum.

 

Thanks for the posts, that is alot of very good information. Unfortunately, I will be here in Illinois longer than I thought filling in for a supervisor, so the truck will be sitting in Atlanta and I won't be able to act immediately.

Right now, I just want to gather factual information as to what I should do next. I planned on taking it to the dealer a final time and explaining the situation. I just want to be equiped with the facts and my rights before I did that. Look, Im not trying to unload this truck, I love it. I just want it fixed and not have to worry about this issue. I have been really patient this entire time, and I will continue to be patient, but at the same time I am not naive and want to be practical. Again guys, thanks for the input and I will keep you posted.

 

Rock,
I think if you check out the original post, #3, #13 (first line), 14, 19, and finally (the one that really earned this kid the flames) #26. Coming into a forum with a few posts under your belt and calling everyone a dumba$$ and flaunting pseudo arrogance at everyone because you don't like the advice isn't the way to win friends and influence people but is going to get you flamed. The vast majority of the responses to this spoiled brat have been trying to help him. Judging from his first two posts, when he seemed to feel nobody was giving him immediate attention, I knew we were dealing with someone emotionally immature. He should have his answer both legally and mechanically at this juncture. I vote to adjourn this thread.

 

You are twisting the entire situation. Actually, I did not call everyone a dumbass so I am not sure where that came from. The only ones I refered to were the ones that dismissed my problem and said that I was a bitch for "complaining" about leaking brake fluid. After 5 or so posts that rolled their eyes and laughed at my problem, yes I got frustrated, that had nothing to do with their so called "advice".

Also, I did not flaunt arrogance, I was defending myself because someone accused me of not having any sort of experience. I was quick to let him know that I do indeed have experience and mechanical knowledge, as if that has anything to do with this.

And you are quick to ASSume that I am spoiled, you don't know me so how do you figure that I am spoiled. Again I fail to see the relevance of that to my topic.

Finally, if certain people want to treat me like my issue is nothing and laugh, then so be it, but don't be offended when I put them in their place. And why is it acceptable to make false accusations and judgments but when that person defends themselves its arrogance? It seems like double standards to me.

None of this has anything to do with what I posted about, so why are you bringing it up. Please post relevant information to the topic of my post. If you do not like this thread then do not reply, as I mentioned earlier. Again, thanks for those that actually did reply with relevant genuine information. Later.