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Is there a Lemon Law on Leased Trucks?

Discussion in 'Ask An Owner Operator' started by vmb, Jan 10, 2011.

Page 1 of 2
  1. Jan 10, 2011 #1
    vmb

    vmb Bobtail Member

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    Aug 2, 2008
    MO
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    My Husband has been a professional driver for 13yrs. Last July he started with a new company and Leased/Purchased a truck through them. (This company does not have any company drivers)

    The truck he got "stuck" with has over 742,000 miles and he is the 9th driver to own it.
    He was first told he could just do a 90 day lease and they would get him in another truck, but that never happened.

    They currently have over 18 NEW trucks on their lot but when he asked about them, he was told they were only for Teams.

    All the while his truck breaks down at least once every two weeks, which often makes his weekly income in the negative amounts. In the last 6 weeks, his pay has totaled to about $1,000 because he owes his Company so much for repairs.

    Yesterday, the Heater/AC fan went out in his truck. He is in the freezing cold snow/ice/wind right now with no heat and his Company doesn't seem to care. They said they would first have to find someone to reload, then he would have to make his way back to the terminal. He is about 600 miles from the terminal now and when he called to confirm, they had no record of his previous call so he had to start the process over again. He said he can't feel his fingers or toes and due to the fact that there hasn't been any pay in the last few weeks, he cannot just stop at any truck stop for a repair. Instead, he has to go to there Terminal to get it fixed and have the repair taken out of his check, just like every other time since he started working with them.

    What he wanted me to find out is if there is any kind of Lemon Law with a Lease/Purchase truck. If you have any answers or suggestions, I would really appreciate any advice that I can forward to him. Many Thanks for your time.:biggrin_25513:
     
    vmb, Jan 10, 2011
    vmb, Jan 10, 2011
    #1
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  3. Jan 10, 2011 #2
    Emulsified

    Emulsified Road Train Member

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    May 6, 2010
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    Wisconsin is the only state I know that has a lemon law for CMVs.
    Leases are even trickier.
    Does he have an escape clause in the lease? Sounds like it's time to exercise it.
     
    Emulsified, Jan 10, 2011
    Emulsified, Jan 10, 2011
    #2
    vmb Thanks this.
  4. Jan 10, 2011 #3
    Sabine in Mo

    Sabine in Mo Medium Load Member

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    May 11, 2006
    Fredericktown, MO
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    I am sorry to hear about his troubles. I wish I had some advice for you. Being nosy though, can you say who he works for?
     
    Sabine in Mo, Jan 10, 2011
    Sabine in Mo, Jan 10, 2011
    #3
    vmb Thanks this.
  5. Jan 10, 2011 #4
    rocknroll nik

    rocknroll nik High Risk Load Member

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    really sorry to hear about this....that is no way for a company to treat an employee or a lease op.....maybe he should start looking for an attorney
     
    rocknroll nik, Jan 10, 2011
    rocknroll nik, Jan 10, 2011
    #4
    vmb and Lurchgs Thank this.
  7. Jan 10, 2011 #5
    ronin

    ronin Road Train Member

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    San Antonio, Texas
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    An attorney won't help, unfortunately. Right on the CMV portion of lemon laws, and most, if not all lemon laws start when a vehicle is brand new and breakdowns have to be a "significant impairment of use, safety, or value" (as determined by an expert).

    That said, I was an automotive expert witness for 7 years, working lemon law, dealer fraud, and breach of warranty cases in 6 Northeast states. Google me under "jim Lewis lemon law kimmel" and you'll see some involvement, including the reason I'm no longer involved - Evans vs GM in Maryland - I followed the requests of my lawfirm, and Maryland required active faults on a vehicle...didn't work. The lawfirm was thrown out of MD and the two primary partners were sanctioned and disbarred.

    I have 8,100 cases under my belt, and only 2 CMVs (of any type).

    The Magnusson-Moss Warranty Act (implied warranty and merchantibility clause) is the only hope, if you have a wild attorney...but it'll cost you - I highly doubt anyone would take a case on a 700k mile truck on contingency.
     
    ronin, Jan 10, 2011
    ronin, Jan 10, 2011
    #5
    vmb and rocknroll nik Thank this.
  8. Jan 10, 2011 #6
    rocknroll nik

    rocknroll nik High Risk Load Member

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    oh I didn't mean about the truck....but the WORKING CONDITIONS....forcing him to run and unsafe truck ( no heat = unsafe working conditions) AND if he gets frostbite or some type of illness due to that a personal or employment lawyer could have a field day with it.......granted it'll take a while but there is the possibility of a case
     
    rocknroll nik, Jan 10, 2011
    rocknroll nik, Jan 10, 2011
    #6
    vmb Thanks this.
  9. Jan 10, 2011 #7
    ronin

    ronin Road Train Member

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    I understand.. ironically, employment law is even harder to deal with than lemon law, when it comes to proving damages, fault, and finding an attorney who will work on contingency.

    The best thing I've found is to contact your local major TV news consumer action reporter and see if they'll take the ball and run with it. At that point, though, you will have burned a bridge with the company, so... it might be easier just to give notice and depart.
     
    ronin, Jan 10, 2011
    ronin, Jan 10, 2011
    #7
    rocknroll nik and vmb Thank this.
  10. Jan 10, 2011 #8
    crop jocky

    crop jocky Light Load Member

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    Dec 29, 2009
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    The sad thing is even if there was a lemon law for such a thing, it wouldnt benefit him. He doesnt own the truck the company does hes just an over glorified renter. Hence the 8 other tennants before him. I see this all the time with lease purchase.
     
    crop jocky, Jan 10, 2011
    crop jocky, Jan 10, 2011
    #8
    rocknroll nik and vmb Thank this.
  11. Jan 10, 2011 #9
    losttrucker

    losttrucker Road Train Member

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    greenville,nc
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    This isn't a lemon law case.....I'm sorry to hear about the problems BUT he didn't have to take "that" truck he could have walked away.

    If he is getting a 1099 then he can have the truck repaired where ever he likes....if he can't then he needs to contact the IRS and let them know he is being paid as a contractor when in fact he is being controlled as a company driver.

    Yes I saw the part where it said because of no pay he can't stop anywhere well just about every lease purchase I have ever seen, read, or heard about had a maintenance fund and money goes into that wether he gets paid or not....even if he doesn't have a maintenance acct was any money saved for repairs???

    Nevermind after seeing you started a thread a little 2 years ago and never came back until now any useful information the good people here at TTR offer will fall on deaf ears.
     
    losttrucker, Jan 10, 2011
    losttrucker, Jan 10, 2011
    #9
    vmb Thanks this.
  12. Jan 10, 2011 #10
    Krooser

    Krooser Road Train Member

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    Another lease/purchase nightmare...
     
    Krooser, Jan 10, 2011
    Krooser, Jan 10, 2011
    #10
    vmb Thanks this.
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