: do i have a lemon law case?



djmodifyd
04-06-10, 11:25 PM
Well, my 2007 escalade has been into the dealer for the same front end whine 6 times, and out of service for probably 30 days total due to this problem.

It is currently back at the dealer getting more work done trying to fix it. The service manager said he has started a case with gm (actually done time before last, and this time it is in "during" the case). He said they gave him a few more things to test to try and figure out what is wrong.

So far they have done this (in order):
Rebuilt front differential
Rebuilt rear differential
filled both differentials with a different type of fluid as suggested by GM
Replaced front differential
Replaced front axle.

And the problem still exists, a loud front end whine under load at 40 mph. We test drove the vehicle with the service manager and 3 techs in the vehicle and they could all hear it, so they know im not crazy.

We then test drove 3 more escalades and no noise....and im currently driving a 2010 which also does not make noise.

I was looking up the iowa lemon law and it says 24000 miles or 2 years from date issued to first owner..does that mean im out of luck since it is a 2007?

Thanks for any help!

Punmax
04-07-10, 12:03 AM
I guess you are out of luck.

I'd push to have brand new parts replaced.

Tec80
04-07-10, 01:01 AM
Are you sure it's not the transfer case? Mine whines (faintly, but I can pick it up every time) around that speed. It is sort of an oscillating whine. Vibration/gear noise can be transmitted from the t-case through the front driveshaft to the front diff....

evois
04-07-10, 01:16 AM
did you buy it used? if you did, congrats on the dealer giving you warranty service. has it been in an accident?

DATDAMNGOOD
04-07-10, 01:22 AM
talk to a lawyer. i'm not sure about in iowa, but in texas you could forgo the administrative lemon law procedure and file a DTPA suit in county/district court

djmodifyd
04-07-10, 12:08 PM
I did mention the transfer case and they said it wasn't it, but idk if they have actually looked at it or not.
Yes i bought it used, but obviously still under warranty, but it is good that the dealer is actually trying.

and what is a DTPA suit?

djmodifyd
04-07-10, 12:10 PM
oh, no accident...at least that was reported

hcvone
04-07-10, 05:13 PM
Do you have other dealerships to choose from? All dealers are NOT the same. :)

humberto
04-07-10, 08:39 PM
When you say they rebuilt the ft diff what exactly did they change?I had the same problem on my 04 lade.They built the diff two x with same problem.I had a wine under light load from ft end.When the warranty was up i built the ft diff myself and replaced ring gear and pinion gear and set the diff up properly being a transmission builder myself i finally fixed that ennoying noise.Find another dealer.When i bought my 08 that was the first thing i listened for.Make sure the the ring gear and pinion were changed and not just the bearings.The diff bearings will make noise when you take your foot off the gas pedal the gears will make noise under load when ring gear and pinion mesh.You can also rule out ft wheel bearings and tires.Good luck.

DATDAMNGOOD
04-07-10, 09:06 PM
I did mention the transfer case and they said it wasn't it, but idk if they have actually looked at it or not.
Yes i bought it used, but obviously still under warranty, but it is good that the dealer is actually trying.

and what is a DTPA suit?

in texas, the lemon law process is administrative (before an am law judge). some attorneys bypass this system and just file a deceptive trade practices act (DTPA) case in county/district court. you allege the same thing you would in the lemon law process. talk to a lawyer near you.

djmodifyd
04-08-10, 12:11 AM
When you say they rebuilt the ft diff what exactly did they change?I had the same problem on my 04 lade.They built the diff two x with same problem.I had a wine under light load from ft end.When the warranty was up i built the ft diff myself and replaced ring gear and pinion gear and set the diff up properly being a transmission builder myself i finally fixed that ennoying noise.Find another dealer.When i bought my 08 that was the first thing i listened for.Make sure the the ring gear and pinion were changed and not just the bearings.The diff bearings will make noise when you take your foot off the gas pedal the gears will make noise under load when ring gear and pinion mesh.You can also rule out ft wheel bearings and tires.Good luck.

They rebuilt all gears in it...at least thats what the repair order says.

then they put a brand new one it...and i don't know if they have to put the gears in them selfs when they get it...or if it comes all assembled as one piece. The service manager did say they could have put it back together wrong....so maybe that is it. THey still have my vehicle...on day 2 now, i'll wait and see what comes of it.

djmodifyd
04-08-10, 12:15 AM
Do you have other dealerships to choose from? All dealers are NOT the same. :)

i have one that is a ways away...and i've read some pretty bad reviews of their service department

humberto
04-08-10, 05:43 PM
They rebuilt all gears in it...at least thats what the repair order says.

then they put a brand new one it...and i don't know if they have to put the gears in them selfs when they get it...or if it comes all assembled as one piece. The service manager did say they could have put it back together wrong....so maybe that is it. THey still have my vehicle...on day 2 now, i'll wait and see what comes of it.

The ring and pinion have to be set up perfect 100 percent or it will make some noise.Its very hard to get it perfect if you dont rebuild diffs everyday.I have done diffs up to 5 x to get it right some times.Maybe you can get a whole unit assem already from gm put together from factory?

escalade kidd
04-08-10, 09:06 PM
I had an issue with my radio in my 07 Denali. They tried to fix it 7 times but couldnt. I called Kimmel&Silverman they are lemon law lawyers. They will only take your case if they know they will win. It is at no cost to you. They got me $2500 bucks to live with it.