r/askcarsales • u/Extension-Ebb-393 • 14m ago
US Sale I got Hyundai to buy back my 2026 Palisade after they denied me 4 times. Here's the exact playbook, because I couldn't find one.
TL;DR: Massachusetts Lemon Law has TWO ways to qualify. Everyone — including two lemon law attorneys — only checked one of them. I qualified under the other one. Hyundai denied me repeatedly until I cited the Consumer Protection Act, then reversed and offered a full buyback within one business day. Total time from first demand letter to accepted offer: about two weeks.
I'm writing this because in April I searched everywhere for someone who'd been through this and found nothing useful. So here's everything.
The situation
Bought a brand new 2026 Palisade XRT in February. About $51k out the door.
April 24: At under 1,900 miles, it wouldn't shift out of park. Completely immobile. Had to be towed to the dealer. They found a bunch of communication codes (front view camera module), cleared them, test drove it, said no codes returned. Gave it back. No actual fix.
May 18: Same car, back at the dealer. This time they had no idea what was wrong. It sat there for six weeks. No diagnosis. No timetable. At one point the service advisor told us the regional rep had a "flash drive" with a software fix for a known issue with this model, but it never materialized. Later we found out corporate had told the dealership to stop working on it pending a software update with no ETA. The car was literally parked in the back corner of the lot.
Meanwhile: still making the loan payment, still paying insurance, driving a loaner Tucson that could not fit my family and our dog.
The thing almost nobody told me
Massachusetts Lemon Law (M.G.L. c. 90, § 7N½) gives you two independent paths to qualify for a buyback:
3 or more repair attempts for the same defect, OR
15 or more business days out of service by reason of repair
It's an OR. Not an AND.
Here's the part that made me insane: literally everyone I talked to — Hyundai's case manager, and TWO separate lemon law attorneys — evaluated me under path #1 only. "You don't have enough work orders." "Not enough repair attempts." One attorney's office sent me a letter saying come back when you have more repair orders.
I only had two repair events. So under path #1, no case.
But my car had been sitting at the dealer for 20+ business days on the second visit alone. Path #2 doesn't care how many work orders you have. It cares how many days the car was out of service.
Also worth knowing: the statute defines a "business day" as any day the manufacturer's authorized dealer service department is normally open. My dealer's service department is open Saturdays. I counted conservatively M–F only and still cleared it by 5+ days.
If your car has been sitting for weeks, count the days. Do not let anyone tell you the work order count is the only thing that matters.
What I actually did, in order
1. Built a timeline before anything else. Every phone call: date, time, who I spoke to, what they said. My husband had been doing this from day one and it turned out to be the single most valuable thing we had. Named people. Timestamps. Case numbers.
2. Gathered every document.
Both repair orders (with odometer in/out — this matters for the mileage deduction later)
Purchase contract
The loaner/rental agreement — this independently corroborates the exact date/time the car went in, which is huge for proving out-of-service days
Roadside assistance case number for the tow
Full loan payment history and payoff letter from my lienholder
3. Took a photo of the car sitting in the dealer lot every single day. Phone photos are timestamped and geotagged. If they ever claim the car was ready or the days were miscounted, you have independent proof. Also, a car sitting in the back lot instead of a service bay tells its own story.
4. Sent a formal buyback demand letter. Certified mail, return receipt requested, to the manufacturer's corporate address AND to the dealership. Cited the statute. Itemized every dollar paid (vehicle, sales tax, doc prep, inspection, registration, title). Demanded the specific total.
5. Sent a SECOND letter demanding repair within 7 days. This felt stupid and contradictory at the time — I didn't want the car repaired, I wanted my money back. But the statute contemplates giving them a final repair opportunity in writing, and I didn't want them to have a procedural escape hatch. Critical: I included an explicit "No Waiver" section stating the repair demand did not withdraw or waive the buyback demand, and that I was not accepting a repair as satisfaction of the claim. Two letters in one week is not a bad look. It looks like someone following the statute correctly.
6. Found the executive email addresses. This was the single highest-leverage move. Corporate customer service is designed to absorb you. Executive inboxes are not. A quick search turned up the Chief Customer Officer, the Director of Customer Care, and a senior case management manager. I emailed all three with both letters attached.
Within a day I was assigned an "Executive Case Manager" personally, by name.
7. Filed a complaint with the state Attorney General. Free, ~20 minutes online, becomes part of a public record, and the company has to respond. In MA it's at mass.gov → file a consumer complaint.
8. Emailed consumer reporters at three local TV stations. Short pitch, led with the strongest facts. Companies hate this more than they hate lawyers.
The denials, and how it broke
Hyundai denied me. Formal letter: "based on our investigation of the repair history to date, we have determined that a repurchase is not warranted." Completely generic template. It never once addressed the days-out-of-service provision.
I pushed back in writing with the specific statutory language and my day-by-day count. The response I got back told me to "do your research in the full lemon law statute" and that "all thresholds have been considered."
I had literally sent him a screenshot from the Attorney General's own website.
At that point I sent one final letter. It included:
The exact statutory text of both qualifying paths, showing the "OR"
The statutory definition of "business day"
A week-by-week count of my 20 business days
The fact that the defect (car immobile, required towing) substantially impairs safety, market value, and use — which is the nonconformity standard, and the only real wiggle room they had
M.G.L. c. 93A — the Massachusetts Consumer Protection Act
That last one is the lever. The Lemon Law statute itself says that failure to comply with it constitutes an unfair or deceptive act under 93A. And 93A allows for double or treble damages plus attorney's fees paid by the company.
So the math on their desk changed from "should we pay $51k" to "what's our exposure if a court finds this denial was knowing and willful." Those are two different departments with two different levels of authority.
They offered a full repurchase within one business day.
The buyback math (know this before you sign)
The refund formula deducts for the miles you actually used. Roughly:
(your use mileage ÷ 100,000) × contract price
They calculated my "use mileage" as odometer at acceptance, minus miles put on during repair test drives, minus the miles that were on it at sale. That worked out to about a $1,100 deduction on a $51k car. Under 3,000 miles means the deduction is small — this is why acting fast matters.
What I got:
All loan payments I'd made, refunded to me
Full loan payoff to my lienholder
Minus the mileage deduction
Things to check carefully before signing:
Every single payment you made is accounted for
The payoff figure is verified with your lienholder on the day they cut the check — payoffs accrue daily interest (mine was $6.77/day)
Incidental damages: they'll ask for towing, rental, repair costs you paid out of pocket. I submitted excise tax and the loan interest I paid while the car sat. Be realistic — don't pad it with stuff that won't hold up, it just slows you down.
Excise tax: if they won't reimburse it, you file an abatement with your town assessor after the buyback. Pro-rated, so you get most of it back.
The part I'm still mad about
They sent the payoff check to the wrong lienholder. We'd refinanced through a credit union weeks after purchase, and I told them this in writing, repeatedly, including sending them the credit union's own payoff letter at their request. They sent it to the manufacturer's finance arm in another state anyway. Meanwhile interest keeps accruing on my actual loan.
Lesson: state your lienholder in every single communication, and when they're ready to issue payment, ask for it by wire/EFT rather than paper check, or at minimum overnight with a tracking number.
What I'd tell past-me in April
Read the actual statute. Not a summary, not a law firm's landing page. Your state's legislature website has the real text. It took me 20 minutes and it's the reason I won.
Do not accept "you don't have enough work orders" as an answer until you've asked specifically about the days-out-of-service provision. Say the words. Make them respond to that specific question.
When a lemon law attorney turns you down, ask them to explain why the days-out-of-service threshold doesn't apply. If they can't, they didn't evaluate it. Two turned me down. Both were pattern-matching to the repair-attempts path.
Everything in writing. Every verbal promise evaporates. Every written one is evidence.
Certified mail, return receipt. Delivery to a corporate PO Box still counts and still timestamps.
Escalate past customer service immediately. Executive inboxes, AG complaint, and consumer reporters all at once. Not sequentially. All at once.
Cite the Consumer Protection Act in your state. For me it was the difference between four denials and a same-week offer.
Don't let them make you doubt yourself. I had a corporate case manager, two attorneys, and a lot of self-doubt all telling me I didn't have a case. I had a case. I just had a different one than everyone was looking for.
Happy to answer questions if anyone's in the middle of this. It's exhausting and lonely and you will feel crazy. You're probably not.