Category Archives: California Lemon Law Buybacks

2022 Ford Explorer And 2022 Lincoln Aviator Engine Rail Sub-Assembly Failure

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Ford Motor Company (Ford) will be contacting the owners of certain 2022 Ford Explorer and 2022 Lincoln Aviator SUVs because the vehicles they are driving may not comply to the Federal Motor Vehicle Safety Standards for occupant crash protection and fuel system integrity.

Ford first became aware of the problem in April 2022 when one of their assembly plants started experiencing intermittent bolt strip-out conditions when securing the front sub-frame to the front apron assembly. An investigation into engine rail sub-assembly failures found that the mechanical properties of the engine rails did not meet the intended strength requirements. Supplier records showed that over six hundred engine rail sub-assemblies were sent out for an unapproved repair procedure (thermal e-coat stripping) which degraded the mechanical properties and weakened the metal. Some of the suspect rails were used at the Tier 1 supplier and 137 suspect rails were shipped to the assembly plant. A Stop Shipment was issued on April 28, 2022 and an inspection of engine rail hardness was carried out on over 5000 vehicles.

According to the defect report, the vehicles affected were built with an engine rail that may not
maintain its integrity in a crash and as a result, does not meet the Federal Motor Vehicles Safety Standards (FMVSS) for Occupant Crash Protection and Fuel System Integrity requirements. A weakened engine rail could also become loose, resulting in a clunking noise during acceleration, deceleration, or contact with potholes, speed bumps, or other road surface irregularities.

Owners will be notified by mail and instructed to take their vehicle to a Ford or Lincoln dealer for an engine rail inspection. If the vehicle does not pass the strength test, owners will be given the option of a replacement of the engine rail assembly or, because of the extensive nature of this repair, vehicle replacement or a buyback. Owners opting for repairs will be sent awareness letters and instructed to bring their vehicles in when parts become available. Ford’s number for this recall is 22C13 and the NHTSA campaign number is 22V-454.

Are you thinking of taking a replacement or buyback? Under the California Lemon Law, if your vehicle qualifies, you should recover your down payment, (including registration fees, licensing fees, taxes, transportation costs, etc.), plus your total monthly lease or loan payments. The manufacturer will also pay off the balance of your loan or lease. The manufacturer will also pay all or most of your attorney’s fees.

If you have any questions about your rights and the California Lemon Law, please call our office at 1-888-395-3666 and get some great Lemon Law advice!

The Lemon Law and Used Vehicles
A Major Law Change

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One of the most critical legal elements under the California lemon law is that a vehicle must be a “new motor vehicle” to qualify under the law. Since its inception decades ago, the California lemon law has enjoyed a very broad definition of the term, “new motor vehicle” which included new vehicles, but also included used vehicles which had some of the factory warranty left remaining on the used vehicle at the time of purchase. For example, if you purchased a used vehicle from a dealership with 25,000 miles on the odometer, and the vehicle had a 36,000 mile warranty when sold as new, the vehicle would still qualify under the lemon law despite being a used vehicle.

Sadly, however, the new recent case law sent a punch to consumers who have bought used vehicles. In Rodriguez v. Us, the California Court of Appeals determined that a used vehicle with some of the factory warranty remaining is not to be considered a “new motor vehicle” and is therefore not protected by the lemon law. (There are some exceptions to this such as the vehicle was a certified pre-owned vehicle, and dealership demos.) Rodriguez basically wipes out access to the lemon law for about 30% of all consumers.

The full effect of this new law is still unfolding and the full impact yet unknown. Rodriguez may also be appealed before California’s Supreme Court. However, in the meantime, we do know that the Rodriguez case has sent a shock wave in the California lemon law legal world, and significantly impacts consumers who have purchased used vehicles.

California Lemon Law Success Stories

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The California lemon law provides protection for consumers of defective vehicles sold or leased in California by making sellers and manufacturers responsible for their warranties. A vehicle is considered a “lemon” if the manufacturer or dealer has had four or more attempts to repair the defect or two attempts if the defect is life-threatening.

Law Office Of Barry Edzant.Since 1989, Mr. Edzant has earned a reputation as the Santa Clarita lemon law and personal injury lawyer, clients can trust. His firsthand knowledge of faulty vehicle repairs helps him better understand the struggle to protect buyers’ rights, giving him the experience to negotiate where possible and the tenacity to litigate when necessary. With his firm on your side, you can feel confident that your rights will be protected and that all available resources will be exhausted in making sure you receive fair compensation for your losses.

Our Priority… Protect And Enforce Our Clients’ Rights

Representing Owners Of Dangerously Designed Automobiles

$2,000,000.00 to date – Confidential Manufacturer

August 2021 to March 2022: Our office has been representing owners of a dangerously designed automobile manufactured between 2017 to 2021. To date, we have been successful in getting the manufacturer of this vehicle to either give our clients a full repurchase, or cash sufficient to make them whole. Removing these dangerous vehicles from our clients’ homes has been our firm’s mission since we learned about the defects and the severe risks these vehicles can cause.

Successfully Resolved Lemon Law November 2021

$250,000.00 – Confidential Manufacturer

Our office successfully resolved a case for a buyer of a new vehicle that had suspension failures on two occasions within the first two months of ownership. Prior to filing the lawsuit, we approached the manufacturer and asked them to repurchase the vehicle. They refused, and we filed a lawsuit for our client. The lawsuit resulted in getting our client the repurchase of the vehicle, and a substantial civil penalty for the manufacturer’s rejection of our pre-litigation demands. We are one of the few law firms that attempt to resolve lemon law cases informally prior to filing lawsuits. This cooperative approach will often result in quick resolutions for our clients without the stress of protracted litigation. However, if the case calls for it, we will nevertheless vigorously litigate to protect and enforce our clients’ rights.

Are you experiencing repeated safety problems with your vehicle? Do you think it could be a lemon? If you have any questions about your rights and the California Lemon Law, please call our office at 888-395-3666 and get some great Lemon Law advice!

2015 Jeep Grand Cherokee Lemon Law Buyback

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Our client purchased a new 2015 Jeep Grand Cherokee.

The first visit for service was on January 8, 2018 because the regeneration light was turning on and off and they needed to replace the key battery.

The next visit was on February 5th as the vehicle was still regenerating and having fumes coming into the cabin. The vehicle had regenerated 4 times in less than 1000 miles.

On May 22nd the Exhaust regeneration message came on the dash.

The Jeep Grand Cherokee was back in the shop on June 5th because after performing an oil change the vehicle was being prompted to regenerate after 150 miles.

Our client was back at the authorized dealership on September 18th for service as the Check engine light was on.

November 3rd the check engine light was on again, the throttle light was on and the exhaust filter was 100% full.

The last visit was on November 27th and the check engine light was on again and the message, “The exhaust filter is nearly full” came on.

It was at this point that our client looked into the California Lemon Law and called our firm, The Law Office of Barry L. Edzant and spoke with the attorney. He requested that some documents be emailed over for his review. After discussing the potential Lemon Law case with the gentleman, he decided to sign a retainer agreement.

A demand letter was sent to FCA, USA to buy back the 2015 Jeep Grand Cherokee under the California Lemon Law. FCA, USA decided to buy it back and reimbursed the client for their down payment, any payments made thus far, registration and pay off the balance of the loan minus a usage fee the manufacturer is entitled to under the Lemon Law. They also paid attorney fees.

Our client was very happy with the buyback. If you are having problems with your vehicle and think you may be driving a lemon, please contact our offices at 888-395-3666.

2015 Dodge Ram Lemon Law Buyback

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Our client purchased a new 2015 Dodge Ram truck.

His first visit to the authorized Dodge dealership was on December 5, 2016. He brought his vehicle in because a coolant leak was coming from the thermostat housing.

The next visit was on December 14th and the coolant leak was still leaking in the same area. The check engine light was also on.

On April 17, 2017 he brought the vehicle in again as the engine light was on and there was no power.

The last visit was on December 8th and the Dodge Ram was in the shop for 27 days because the turbo under boost was not working.

He heard about the Lemon Law and contacted our office. He spoke with California Lemon Law attorney, Barry L. Edzant who asked him to forward some documents. After reviewing the documents, Barry called the potential client to discuss and he decided to sign a retainer agreement with Mr. Edzant’s Law Firm.

A demand letter was sent to FCA, USA and they decided to buy the vehicle back under the California Lemon Law. They reimbursed our client for his down payment, all payments made, his registration, paid off the loan minus a usage fee that the manufacturer is entitled to under the CA Lemon Law. They also paid the attorney fees.Our client was very happy with the results.

If you think you may be driving a lemon, please contact our Law Firm at 888-395-3666 for a free consultation and answers to your questions.

2014 Tesla Model S Lemon Law Buyback

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Our client bought a 2014 Tesla Model S and was thrilled.

Their first visit for servicing was on December 7, 2017. There was a 12 volt alert present. The headlights were aimed too high and would not adjust. The windshield washer jets were misaligned. The firmware was not installing. The A/C was not working. The vehicle would not charge with the customer’s cable. The vehicle was pulling slightly to the right. Car uses more energy on short drives than the range estimates.

The next visit was on December 11th as the floor mats were folding over.

The Tesla was brought in again on March 8, 2018 because the universal mobile connector would not light up and the vehicle would not charge. Key FOB is not recognized when inside the vehicle. The charge port door will not open with touchscreen or charge cable. The exterior door handle is poorly aligned.

April 10th the vehicle was back for servicing because there was no sound coming from the speakers. There was a problem with the windows not rolling up all the way.

It was back for service on April 24th because the charge port was not functioning.

September 6th it was back for servicing due to the fact that the charge port door would not stay closed and the light does not illuminate when charging. Per bulletin need to replace the bolts in steering rack housing. There was a humming sound coming from the front of the vehicle.

The next visit was on September 17th because the humming sound was still coming from the front of the vehicle. When the parking sensor was pushed in there was a problem. The alert was on for car needs service and the steering assist was reduced. The charge port door magnet was detached from the charge port.

The last visit was on December 10th as the vehicle was towed in for “power reduced” alert.

At this point our client was frustrated and contacted our firm to see what the attorney thought about his Tesla being a lemon.

We filed a demand letter with Tesla that they repurchase his defective vehicle under the California Lemon Law. They agreed to repurchase the vehicle, pay off the balance, reimburse him for any down payment and payments made, pay off the balance less a mileage fee allowed under the California Lemon Law.

Our client was very happy with the buyback of his vehicle. If you think you might be driving a lemon please contact The Law Office of Barry L. Edzant at 888-395-3666 for a free consultation.

California Lemon Law Buyback For 2016 GMC Acadia

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Our client bought a 2016 GMC Acadia,

In September our client took his Acadia to the authorized GMC Dealership because the A/C on the rear driver’s side and rear passenger side was blowing warm air.

The next visit was on September 25th because the check engine light was on and the vehicle seemed to be idling rough. After filling up the gas the vehicle did not want to start. Also, the A/C stopped working. A light would come on and flash but would not stay solid.

The vehicle was back at the dealership on October 17th because there was a hissing noise coming from the vents and the rear A/C was blowing warm air.

Our client was back at the dealership on December 20th because there was a noise coming from the engine. When turning off the vehicle there is a winding down noise. While using the A/C there is a bubbling noise. Also, the brakes were squeaking and making a bubble noise.

The next visit to the dealership for servicing was on February 6, 2019. The first concern was that when the vehicle was idling and the heater or A/C was on, it was making a bubbling noise. Another concern was the ambient lighting on the front passenger side was inop. The 12 volt charger in the rear was inop. When putting the lift gate up there is a very large clunking noise. The driver’s side door outer belt molding was deformed. The brake pedal was making noises.

The last visit was on February 19th and the ambient lighting on the passenger side by the glove box was inop. They were hearing a light bulb bubble noise from the dash. Also the A/C light button had flashed three times.

It was shortly thereafter that we heard from our soon to be client. They spoke with Barry and sent him some documents to review. Soon after they signed a retainer agreement and a demand letter was sent to General Motors Corporation to repurchase their vehicle under the California Lemon Law. GMC agreed to buyback the Acadia, pay off the balance, reimburse him for the down payment and any payments made, pay off the balance less the mileage fee allowed under the California Lemon Law. They also paid all the attorney fees.

Our client was very happy with the buyback of his vehicle. If you think you might be driving a lemon because of repeat problems that the dealership is unable to fix, please call 888-395-3666 for a free consultation.

2018 Cadillac Escalade – GM Lemon Law Buyback

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Our client was happy to buy a 2018 Cadillac Escalade.

On March 21, 2018 he took it in to the authorized Cadillac dealership because the service stabilitrak warning light would intermittently come on. The car was at the dealership for 16 days.

On December 6 he brought the Escalade back into the dealership because the service stabilitrak light was flashing and then stayed on. The service airbag light was on, too. The vehicle was in the shop for 11 days this time.

The last visit was on March 21, 2019. Our client brought the vehicle back to the dealership because the airbag light was on. The service stabilitrak message was on again. The vehicle was in the shop for 6 days this visit.

Our client called a few months later as someone had told him about the California Lemon Law. He spoke with attorney Barry L. Edzant and emailed some documents for Barry to review. He signed a retainer agreement shortly thereafter and a demand letter was sent to General Motors Corporation.

GMC decided to buy back the vehicle under the CA Lemon Law. They reimbursed our client for his down payment, all monthly payments made so far, his registration, paid off the balance of the loan minus a usage fee the manufacturer is entitled to under the law and paid the attorney fees.

If you are concerned that your vehicle may be a lemon, please call our office at 888-395-3666. We handle cases throughout the state of California.