Protium19

Hey all,

This is my first post here, but I have read through the A6 forums quite extensively.

I recently leased a 2012 A6 3.0T P+ in Colorado. After driving it off the lot, I noticed the following issues:

1. Dents in the front right quarter panel. The dealer went ahead and paid for these to be repaired however the PDR place was unable to remove two of the dents because those two were right on the edge of the panel.

2. The transmission shifting issue noted on these forums several times. I have brought this up to the dealer and have brought the car in 3 times to have them look at it.

I am scheduled to go in a fourth time tomorrow. They want to keep the car overnight and check the fluid level again when the car is completely cooled down. They said it might lead to replacing the entire transmission?!?

I gave them the TSB # I found on these forums and I keep telling them that it is a software update, but they don't seem to listen.

So my question to the forums is this, do I have some basis for a lemon law claim? If so, I was debating (when I first bought this car) if I wanted a B8 S4 instead so I would hopefully just move into that.

Thanks for reading

PJRed2008

For a minor shifting issue? No, I'd say you're not even close. You need to go to the DOL site for your state and do some searching. Also Google lemon law.

Tucker74

I'm no lemon law expert but did have my vehicle replaced by Audi. I would suggest notifying Audi USA immediately. I found their customer service very responsive and they should start interfacing with the dealer on the problem and possible resolution. You can easily google the lemon law in your state. Should have some minimum threshold for cumulative days in the shop since delivery and/or number of times in for the same repair. Good luck.

stoulana

I would keep all paper work that shows what they attempted to do in 3 visits.I'm wondering what they did, Probably the foreman was involved & looked at TSB as this is software but your symptom may be different hence they are not considering TSB. I'm in Canada but I know each state in USA has its own lemon law rules & whether it qualifies for lemon depend on those rules.

I would not involve lawyer as I had issue with my BMW & they bought it back without any lawyers involvement Good luck & hope all works out well.

Protium19

Thank you guys for the information. I realize the issue is trivial but it annoying and frustrating that the dealer is dodging performing the TSB and that they said the entire transmission would have to be replaced if the transmission fluid level is measured too low when the car is fully cooled down.

manishaudi

It is not a trivial issue.

In California, the Lemon Law threshold is 3 times for the same failure, and you are not responsible for the Legal fees in this situation.

mwar99

Who bears the burden of proof that there is truly a failure? I don't know the full situtation and what the issue truly is but does that proof fall on the customer?

manishaudi

Here is a good site explaining the Law in California:
http://www.californialemonlaw.com/

Also, here are some other relevant links:
http://oag.ca.gov/consumers/general/lemon

http://www.carlemon.com/lemon/CA_law.html

Protium19

I feel like I need to go further in depth into the previous visits to the dealer in order to explain the situation a little more. Especially considering I am getting one person telling me that this is not a problem that would apply to the lemon law and another saying that the problem is applicable.

The First Visit - August 17
I brought the car in and was told that they need an hour and a half to fix the issue. After waiting two hours (not the point of this but frustrating nevertheless), I was told that the car was too new (under 1500 miles) and that I should see if the downshifting was still jerky, rough at 1500 miles and if so to bring the car back in.

The Second Visit - September 7
After bringing the car in, I was once again told an hour and a half to fix the issue. I went and grabbed lunch and finally received a call three hours later saying that Audi of America was looking into the issue and they would contact the dealer with a solution. Needless to say, the car didn't get worked on that visit.

The Third Visit - September 14
After bringing the car in again, I was told that I should return in three hours. I went to lunch and home and awaited the call from the dealer. I ended up calling them 6 hours later and they told me the following. That Audi of America wants the dealer to check the transmission fluid level with a cold car. Therefore the car would need to be kept overnight. Well I couldn't let them keep it because I needed it for the weekend.

My fourth visit is scheduled for tomorrow, leaving it overnight and them checking the fluid level the following day (Thursday). The call scheduling this is when they told me that if the fluid level was too low on Thursday morning that the transmission would have to be replaced.

If the transmission ends up having to be replaced, I would assume I should push/threaten the lemon law. Maybe get them to do a trade assist into another vehicle.

If the transmission fluid is fine then I hope they just apply the TSB software update and that solves the issue. However if they drag it out (having me come in for further tests), do I have basis to push the lemon law?

Sorry I didn't give this much information before, I was attempting to minimize the length of my first post

Thanks

mwar99

Not knowing where you live you should check the lemon laws in your state first before you try to make it an issue with your dealer. I wouldn't think you would want to make the situation confrontational and not have the lemon law apply for some reason.

Also, keep in mind you may have had people disagree on your situation - whether lemon law applies or not - the people disagreeing are not representing themselves as lawyers, know your full situation or where you live. Take what you read on about this for what it is worth...

The post above with links probably would be helpful assuming you live in CA. If in another state I would expect you could find similar info.

One question - didn't they give you a loaner you could have used for the weekend while they had your car?

Good luck with your situation and I hope it works out for the best.