New Lincoln purchased 2/2/2012 has SYNC radio that suddenly and unexpectedly goes to maximum volume, startling occupants and causing automatic grabbing of radio knob to turn down. Although this is radio prob, does this not qualify as a "significant impairment" as a safety issue because it is very distracting and could cause driver to lose control and have accident/collision. Dealer has attempted repair 4 times, on last he deliberately and without telling owner disconnected 5 of 8 steering wheel SYNC control buttons, removed a control knob on vent to left of SYNC screen, quality of radio now poor but no more max volume (happened about 30-35 times in 1700 miles, and refused to give owner service order or say what he did.
Attorney Kaufman speaks from experience, and in many cases a malfunctioning radio is not considered a lemon, for instance in CA.
However, in Florida there was a very recent case where the SYNC system on a Ford vehicle was found to substantially impair the use, value and safety of the vehicle, thereby constituting one or more nonconformities as defined by the statute and the applicable rule.
Follow this link to the Florida Lemon Law Arbitration Board Opinion: http://mannerlaw.com/2012/03/hess-v-ford-motor-company/
Consult with an attorney in your state.
I am an attorney who is only licensed in the State of Florida. My answer is general legal advice based upon what I perceive your question to be, and should not be relied upon because every person's facts and circumstances are unique, and because specific laws vary from state to state. To completely evaluate a legal issue requires reviewing and evaluating all relevant facts, applicable laws and other information. My answer does not create an attorney-client relationship, and offered for informational purposes only.
Very interesting scenario, as in CA the legislature specifically stated in drafting the lemon law that things like a radio issue should not be considered for lemon issues. Here, it appears to be a safety issue. Find someone to help you here:
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline