anyone still having differential leak issues

[markzabin]

I have had a tube and gasket replaced so far, at 6000 miles. Also have had mine roll down to the curb a few times from the driveway although they say my brakes are fine. Yes I was in first gear and with the E brake on. I started looking into the lemon laws...

skip to content

* Home
* About Us
* News and Alerts
* Publications
* Contact Us

* Careers
* Registration
* Site Tools
* Links to State Sites

Search
Consumers
MOTOR VEHICLE WARRANTY AND LEMON LAW
New Protections For Consumers Buying New & Used Cars

A purchaser or lessee of a motor vehicle has various rights under both state and federal law if the vehicle does not perform as provided under an express warranty. Warranty law can be complex, and it is impossible to describe comprehensively all of the law in a brief space. The following comments briefly explain the Song-Beverly Consumer Warranty Act and what is popularly known as the "Lemon Law."

This message is not a substitute for your contacting your own lawyer who can best advise you of your rights under the particular circumstances of your case. The Attorney General's office cannot advise you of your legal rights and cannot represent you in a warranty dispute.

1.
Coverage For New Motor Vehicles.
1.
OVERVIEW OF SONG-BEVERLY WARRANTY RIGHTS

The Song-Beverly Consumer Warranty Act (beginning with Civil Code section 1790) provides protection for consumers who lease or buy new motor vehicles. The law requires that if the manufacturer or its representative in this state, such as an authorized dealer, is unable to service or repair a new motor vehicle to meet the terms of an express written warranty after a reasonable number of repair attempts, the manufacturer is required promptly to replace the vehicle or return the purchase price to the lessee or buyer. The purchase price that must be returned includes the price paid for manufacturer-installed items and transportation but does not include the price paid for nonmanufacturer items installed by the dealer. The lessee or buyer is completely free to choose whether to accept a replacement or a refund. Whatever the choice, the manufacturer is also responsible to pay for sales or use tax; license, registration, and other official fees; and incidental damages that the lessee or buyer may have incurred such as finance charges, repair, towing, and rental car costs.

The lessee or buyer may be charged for the use of the vehicle regardless of whether the vehicle is replaced or the purchase price is refunded. The amount that may be charged for use is determined by multiplying the actual price of the new vehicle by a fraction having as its denominator 120,000 and as its numerator the number of miles traveled by the vehicle before it was first brought in for correction of the problem. For example, if the car had traveled 6,000 miles before it was first brought in for correction of the problem, the lessee or buyer could be charged 5% (6,000/120,000 = 5%) of the purchase price for usage.

The law applies for the entire period of your warranty. For example, if your vehicle is covered by a three-year warranty and you discover a defect after two years, the manufacturer will have to replace the vehicle or reimburse you as outlined above if the manufacturer or its representative is unable to conform the vehicle to the express warranty after a reasonable number of attempts to do so.

Song-Beverly does not apply if the problem was caused by abuse after the vehicle was delivered. Be sure you follow the terms of the warranty for maintenance and proper use of the vehicle.

Although there is a four-year statute of limitations to bring a law suit for breach of warranty or for violations of Song-Beverly, you should act promptly to try to resolve the problem fairly and quickly without legal action if possible.
2.
THE "LEMON LAW" AND WHAT IS A REASONABLE NUMBER OF REPAIR ATTEMPTS

What is considered a reasonable number of repair attempts will depend on the circumstances including the seriousness of the defect. For example, one or two repair attempts may be considered reasonable for serious safety defects such as brake failure, depending on the exact situation.

A special provision, often called the "Lemon Law," helps determine what is a reasonable number of repair attempts for problems that substantially impair the use, value, or safety of the vehicle. The "Lemon Law" applies to these problems if they arise during the first 18 months after the consumer received delivery of the vehicle or within the first 18,000 miles on the odometer, whichever occurs first. During the first 18 months or 18,000 miles, the "Lemon Law" presumes that a manufacturer has had a reasonable number of attempts to repair the vehicle if either (1) The same problem results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the problem has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (2) The same problem has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the problem as provided in the warranty or owner's manual or (3) The vehicle is out of service because of the repair of any number of problems by the manufacturer or its agents for a cumulative total of more than 30 days since delivery of the vehicle.

The "Lemon Law" presumption is a guide, not an absolute rule. A judge or arbitrator can assume that the manufacturer has had a reasonable number of chances to repair the vehicle if all of the conditions are met. The manufacturer, however, has the right to try to prove that it should have the chance to attempt additional repairs, and the consumer has the right to show that fewer repair attempts are reasonable under the circumstances.

Be sure to check your warranty and owner's manual for instructions. You may be required to directly notify the manufacturer of the problem(s). It is a good idea to send your written notice to the manufacturer at the address shown in the warranty or owner's manual by certified mail, return receipt requested so that you have proof that your letter was received. Keep a copy of all correspondence.

If the manufacturer maintains a state-certified arbitration program, the consumer must submit the warranty dispute to the arbitration program before the consumer can take advantage of the presumption in court. Arbitration is an alternative to court proceedings. The consumer may assert the presumption during arbitration. Information about any arbitration should be described in the warranty or owner's manual.

Not every manufacturer maintains a state certified program. You should check with the Department of Consumer Affairs' Arbitration Certification Program at (800) 952-5210 or on the Internet at www.dca.ca.gov/acp. You can also ask for the department's free pamphlet that explains more about arbitration, "Lemon Aid for Consumers."
3.
WHO IS COVERED

The law applies to a new motor vehicle that is bought or used primarily for personal, family or household purposes. The law also applies to a new motor vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person, including a partnership, limited liability company, corporation, association, or any other legal entity, to which not more than five motor vehicles are registered in this state.
4.
WHAT IS A NEW MOTOR VEHICLE

The law discussed above applies to "new motor vehicles." (Certain limited protection may apply to used vehicles as described in Section 2.) The term "new motor vehicle" includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer's new car warranty. For example, a two-year old used car sold with the remaining one year portion of a manufacturer's three-year new car warranty would be treated as a new motor vehicle. The term "new motor vehicle," however, does not include motorcycles or exclusively off-road vehicles.
2.
Coverage For Vehicles That Are Not "New"

Although the special provisions discussed above apply to new motor vehicles, Song-Beverly has many general rules that apply to any consumer product sold with an express written warranty. As a result, there is important coverage for motorcycles, the living quarters of a mobile home, used vehicles sold with a dealer's express written warranty, "lemon" vehicles repurchased by the manufacturer and sold to consumers with an express written warranty covering the defect, and vehicles sold with a service contract.

A full description of warranty rights is beyond the scope of this message, but you should be aware that coverage is not identical to the coverage for new motor vehicles. For example, a warrantor who is unable to conform a consumer product to its express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer's use. Unlike the special rules on new motor vehicles, however, there is no set formula for determining the charge for the consumer's use before the discovery of the defect, and the Lemon Law presumption does not apply.

For complete advice concerning your legal rights, you should consult your own attorney.

Resources

National Highway Traffic Safety Administration - Report Vehicle Safety Defects

Back

* Home
* | About Us
* | News and Alerts
* | Publications
* | Contact Us

* Careers
* | Registration
* | Site Tools
* | Links to State Sites

* Privacy Policy
* | Terms and Conditions
* | © 2007 DOJ

[SKYRCKET]

Well, I took a short run donw to Fresno and the next morning I saw the dripps on the garage floor, 6559 miles, I took it in today and they will replace the seals and add the mod to the dif hose..I should have it back Tuesday....

[RMFNSKY]

Just up to 7000 miles and noticed fluid on the garage floor.. Differential leak Getting repaired Monday!!!

[SkyMan 08]

Well now I have my new diff and now I have the dreaded clunk... geeeeeee
could they have left something loose? seems like i get the clunk when I either start in reverse, or go from reverse into first gear....

[seal9]

6477 Miles and the Diff let go....the dealer told me all the Skys they have sold have come back for the Diff repair or replacement...he said he was expecting me to call.......Seal9

[wt2ga]

[OLDMX4]

Just shy of 4000 miles and just notice the oil on the garage floor
Did I hear this right....the leak is actually on top and seaps down ?
I'm going to probably wait until it warms up a bit before I take it to the Dealer, It's like 18 degrees outside...

[Roadsky]

Add me to the list. Took mine back to the dealer about a month ago with LSD leak - said it was vent - leaking from the top - then only a quarter-sized puddle on the garage floor. Repair consisted of "rerouting and installing a longer vent tube". As of day before yesterday, it's just started leaking again - this time onto the frame member and then forming a fist-sized puddle onto the garage floor. I have appt. Monday to take it in.

[Appygirl]

OK guys- call me a dumb girl, but I checked my garage floor for the first time tonite since I got my RL a month ago, and there was a salad plate size puddle of oil on the ground. Now, I'm not sure if that just happened overnight, or slowly over the last month or what. From reading this post, I'm guessing I have a leak or possibly after every drive the vent tube is doing it's job?? Either way I was going to call the dealer as soon as I can, but I have a trip out of town this weekend, and am wondering just how and far can I drive this thing with a leak? I just don't want to hurt my new baby. Thanks for any input and putting up with my ignorance. But on the upside- I am a gal that wants to learn.

[Skip]

Rear end dope spreads like bacon grease in a skillet. I would say it is safe to drive. More than likely it is from the overflow tube. But to be sure crawl up under there with a flashlite and see where it might be leaking. Oh and I would do this when the engine is cold so that you do not burn yourself on the exhaust...Skip... Oh and kitty litter gets up oil and rear end dope real good. Sprinkle it on and do the twist on it and then sweep it up...

[seal9]

well I have a new diff and just picked up the Sky all looks well...I will give it a few days and see how things go....mine never had a leak till it all let go and what a mess...seal9

[sky-pilot]

Purchased my Midnight Blue in May. Did not drive much (no highway at all) until November 15, 2006. On December 28th old Blue at dealer with LSD leak with only 2804 miles. Rear seal, vent asm and 2 vacuum hose replaced. 4109 miles showing, no recurring leaks (yet)...

Sky-Pilot
Midnight Blue
Blk w/tan inserts
#....1420
LSD / 5 Speed

[Superchevy427]

If it's leaking from the breather vent it would probably be ok anything I wouldn't. And it's gonna smell BAD! Burning oil on the muffler

[Appygirl]

Originally Posted by Skip

Rear end dope spreads like bacon grease in a skillet. I would say it is safe to drive. More than likely it is from the overflow tube. But to be sure crawl up under there with a flashlite and see where it might be leaking. Oh and I would do this when the engine is cold so that you do not burn yourself on the exhaust...Skip... Oh and kitty litter gets up oil and rear end dope real good. Sprinkle it on and do the twist on it and then sweep it up...

Thanks Skip. I have an appt. in a few days to take it in to check out for sure, but just to see how much has actually been leaking, I cleaned up the first mess, and placed a cloth under the car. I took it out for a good drive. Came back and placed cloth under it. I will check in 24 hours to see what all has come out. I'm praying it's just the vent tube. Car runs beautifully- no clunks or noises or anything. And thanks for the tips.

[BlueSkyRL]

I have 1600 miles on my RL. I have found several quarter size spots on the garage floor over the past month or two. Will drive her til it drops!! After all, if not for this forum, we wouldn't even know this is happening, right. This is something that was happening on the CTS and it still not fixed. Kinda makes your blood boil a little

[BlueSkyRL]

I tought what the hack and took the flash out to look under the rear of my car. Have not done that in a while. Well, the leak is getting worse. I have multiple spots on the floor now and drips all over the exhaust. Time to make the appointment. Only 1,600 miles on my RL.

[Appygirl]

Mine turned out to be a leak/seal around the vent tube. They are ordering parts. Hope this sounds right?

[lbsky]

in an attempt to see if Saturn has any idea of this problem I foolishly e-mailed them and told them of this issue. The response I received stated "that they could not diagnose the problem through the e-mail". No where in the e-mail did I state anything like that, I just told them that this is an issue. So, as usual, unless you know someone that actually has a position of importance, the point is lost on some numb nuts in customer service. Now, I would think that they know that this is an issue, question is when will they actually make a change that will address the problem

[MidniteBlues]

What is a real disappointment to me is the fact that we are hearing that R/L's are now leaking & failing. They supposedly have all the mods to date AND on top of that the torque bar--Guess what GM, so far your still failing at a final repair solution AND the LSD issue IS STILL NOT FIXED!!! I can tell ya right now, I will not be buying another Sky until you guys either replace the getrag rag with a reliable (non-leaking) rear, definitely the R/L is off my list until futher notice. Why are the regular rears more reliable than the LSD's? If these issues continue the only future Sky I would even consider will be the "regular differential" sky purchase--That includes the R/L, if I cannot get a reg diff, the R/L is off my list--

[lbsky]

Originally Posted by MidniteBlues