• Mar 16, 2006
The Arizona Supreme Court has ruled that a disgruntled lessee of a Jeep Cherokee can’t legally sue DaimlerChrysler under two federal and state consumer warranty protection laws. The state Supreme Court’s decision overturned a Court of Appears ruling that gave the man the right to sue the automaker. The court reached its decision on grounds that the laws only apply to purchasing customers – not lessees.


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      • 8 Years Ago
      Actually the case was pretty easy to find... and says nothing about the specifics of the problems.

      http://www.supreme.state.az.us/argument/05Summaries/12.011.05.pdf

      It does, however, say that the lease company is Chrysler Financial Company, L.L.C. so my supposition about them not being willing to pursue the issue with Mamma Chrysler is probably correct. There ended up being a difference of opinion at some point about what (if anything) was actually wrong with the vehicle, with the plaintiff hiring his own expert. All the case summary says is that the problems "included noise problems" and weren't fixed to the plaintiff's satisfaction, but then again I can't think of anything satisfying about a 2000 Jeep Cherokee anyway.
      • 8 Years Ago
      How do they get "screwed" with a lemon? They don't own the car. Yes, they are obliged to maintain the car for the lease period, even if that means paying for something out-of-pocket if it's not covered by the warranty. It's in the agreement and a risk you take as a lessor.

      IMO it's absolutely ridiculous to lease a car for a term that extends beyond the length of the warranty -- say, a 4-year lease on a car that has a 3-year warranty. That's just asking for trouble.

      Perhaps these people should go back to buying cars they can actually afford.
      • 8 Years Ago
      I always thought it took a special kind of dim-bulb to actually lease a car, anyway. Never have done it.

      I didn't like renting a house, either. I bought as quickly as I could.

      I know the "reasons" people blabble on for leasing - tax breaks, for one.

      Why should I subsidize some dimbrain businessman's wife's daily drive with my taxpayer money?

      Correct. NONE OF US SHOULD.
      • 8 Years Ago
      Yet another reason for people not to lease. Not only is it a way for lots of people to drive a more-expensive car than they can afford to actually buy, but they can get screwed with a lemon as well. I'd bet that lease companies couldn't care less about the quality of the car itself as long as they get their payments, but if large numbers of a particular car they lease turn out to be lemons it'll hurt them on capital costs on the back end.
      • 8 Years Ago
      Thats fucking retarded. It will probably get overturned in federal court since this involves interstate commerce.

      "How do they get "screwed" with a lemon? They don't own the car."
      If you lease a car and you are injured due to a design defect that can't be fixed by the dealer what would you do by your logic? Think before you talk.
      • 8 Years Ago
      Jiggabyte: Let's say you live in AZ (the state in question) and in Phoenix or Tucson, and the problem with your leased car is the AC. Your AC is croaking every few months, the dealer is more or less happy to fix it but because this particular type of car is having a problem it takes days/weeks to get the part(s). I'd say that a new car without AC in Phoenix would be a classic lemon-law case. Your lease company has no real reason to care, since the manufacturer's warranty is supposed to cover this, but they also aren't interested in letting you out of your lease or compensating you for the time/trouble to constantly have this fixed and sweat while waiting for the part.

      The article unfortunately tells us little about what was actually wrong with the plaintiff's vehicle, so it might have been 3 different things 4 times each (with a 5th thrown in on one to get us to lucky 13) or the AC or climate control may have died 13 times. It might have been lots of different problems, but the point is that the lease company isn't apparently bound by the lemon laws, and it seems that they weren't interested in pursuing the lemon-law claim with Daimler-Chrysler. It's possible that the owner would be able to sue the lease company for not supporting his lemon-law claim with Daimler-Chrysler, but they probably have 1) a lucrative relationship with Daimler-Chrysler and 2) a lease contract specifically absolving them from any responsibility and requiring the lessee to settle disputes through arbitration.

      I say let the lessee beware, but then I don't think leasing is great in the first place, and if he'd bought the car he'd have been able to make Daimler-Chrysler buy it back a long time ago.
      • 8 Years Ago
      Unfortunately, the link isn't working for me and I'm too lazy to look up the case myself, especially if I'm not getting paid for it.

      Justin, I'm glad you brought up logic. Are you seriously equating product liability law (i.e. the car blows up from turning the heater on) to warranty/lemon law (i.e. the heater switch falls off)? If so, you're a real legal trailblazer. Either way, I did like the tough guy puffery at the end.