Sending LRNA the following letter. . .Anyone have any luck with this tact?
Dear Land Rover North America:
Pursuant to the Virginia Motor Vehicle Warranty Enforcement Act, I am writing to inform you that the 2005 LR3 HSE purchased in the spring of 2005 by (my company) has a warranty nonconformity and has been subject to repair three or more times by authorized Land Rover dealers and the same nonconformity continues to exist. Because the motor vehicle is significantly impaired and the period since purchase has not exceeded eighteen months, the lemon law rights call for the manufacturer to either:
1. Replace the motor vehicle with a comparable motor vehicle acceptable to ***, or
2. Accept return of the motor vehicle and refund to *** the full purchase price, including all collateral charges, incidental damages, less a reasonable allowance for the consumer's use of the vehicle up to the date of the first notice of nonconformity that is given to the manufacturer, its agents or authorized dealer. *** has the unconditional right to choose a refund rather than a replacement vehicle and to drive the motor vehicle until I receive either the replacement vehicle or the refund. The subtraction of a reasonable allowance for use shall apply to either a replacement or refund of the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by attempts to conform such motor vehicle to the express warranty may be recovered by the consumer.
The violation of warranty has to do with the significant vibration and noise emanating from the vehicle at speeds in excess of 60 mphs. This nonconformity affects both the value of the vehicle, impairs the use and may affect the overall safety of the vehicle. Land Rover North America, Rosenthal Jaguar and Chantilly Jaguar have all been informed of this defect on numerous occassions. Action by Rosenthal Jaguar include replacing one tire. Action by Chantilly Land Rover includes replacing one tire. No other actions have been taken even though LRNA and the authorized dealers in question have discussed the subject. The vehicle has been in the possession of authorized Land Rover dealers on three separate occassion for a total of 5 days.
If LRNA or its authorized dealers do not settle the above-reference matters before December 1, 2005, *** shall take civil action to enforce provisions of the lemon law, including the recovery of reasonable attorney's fees, expert witness fees and court costs incurred by bringing such actions.
*** currently proposes as full settlement of this matter the following: either, A) Replacement of the Goodyear tires on the vehicle with four Michelin 4x4 Synchrone tires (255/55HR19) and full alignment of the vehicle at an authorized Land Rover dealership. All warranties on the vehicle and tires would continue to apply. This action must take place prior to December 5, 2005, or B) Replacment of the vehicle with a new one. If option "A" is chosen and the problem continues to persist, LRNA and Rosenthal Land Rover would be deemed in default of the agreement and option "B" would be immediately inacted (replacement of the vehicle). The agreement would be a binding. Failure to fully comply with any agreement would allow *** to immediately take advantage of § 59.1-207.15, section C, which states: "In any action brought because of the manufacturer's failure to comply with the decision, within the scope of the procedure's authority, rendered as a result of a dispute resolution proceeding or a court order, the court may triple the value of the award stipulated in the decision as provided for in this chapter, plus award other equitable relief the court deems appropriate, including additional attorney's fees."
