Last month, an important case, for the first time put manufacturers on the hook for sales of used vehicles with problems beginning outside of the original manufacturer’s warranty, but still within the Certified Pre-Owned warranty. It has been unclear for years whether a manufacturer was required to buy back a used vehicle when the problems occurred after the original warranty expired. As long as the problems still occur during the CPO warranty, they’re subject to the lemon law. On the caveat, if the vehicle wasn’t purchased as a Certified Pre Owned vehicle, the manufacturer is off the hook if the problem occurs for the first time outside of the original warranty. The concern with this case, if any, would be that the Certified Pre-Owned program given by all manufacturers may be canceled since the manufacturers don’t want the added responsibility.
The case involves the sale of a certified preowned Mercedes Benz that still had a portion of the new vehicle warranty remaining and an additional used vehicle warranty from the manufacturer. An un-repairable defect manifested after the expiration of the new vehicle warranty, but during the duration of the used vehicle warranty. Mercedes Benz refused to repurchase the vehicle. The plaintiff sued and a jury found Mercedes Benz liable under the Song Beverly Act for breach of the express warranty and the implied warranty of merchantability. The plaintiff was awarded the same compensatory damages on both causes of action.
The Camaro is a mid-size American sports car manufactured by Chevrolet. Despite having good performance ratings and respectable features, the 2017 Chevrolet Camaro ranks average in the class of sports cars. Drivers say it has high maintenance costs compared to its rivals and the passenger and cargo space is lacking. If you research the 2017 Camaro on the NHTSA website, you will see there is only one recall, but owner complaints are high.
The number one complaint of the 2017 Chevy Camaro is steering. Drivers say the power steering warning light will intermittently illuminate while driving at various speeds, the power steering will fail and excessive force is needed to maneuver the vehicle. In February 2019 GM released a recall affecting the 2017 Camaro for loss of electric power steering (EPS) assist. The problem was a manufacturing error which caused a short on the EPS printed circuit board in the steering assembly. The recall affected over 26,000 Chevrolet and Cadillac vehicles.
There are no recalls affecting the transmission for the 2017 Camaro, but drivers say they are continually experience problems. Hard shifting, noises and hesitation are especially noticeable between 55 to 85 mph, making it dangerous for highway driving and during critical maneuvers. There are over eighty TSBs issued by the manufacturer affecting the 2017 Chevrolet Camaro transmission.
The third top complaint of the 2017 Chevy Camaro is interior and exterior accessory problems. Complaints include windows that fog up, the radio and blue tooth stop working, the key gets stuck in the ignition and general lighting problems. The manufacturer wants you to believe that these are minor issues, but don’t be fooled, these problems can impair the use, value and safety of your vehicle.
Do you think your 2017 Chevrolet Camaro could be a LEMON?… Contact us now for a free case evaluation.
The Escalade is a full-size luxury SUV engineered and manufactured by Cadillac. It was Cadillac’s first major entry into the luxury SUV market in response to competition from Mercedes-Benz, Lexus and Ford. Today, Cadillac makes their Escalade in an EXT, ESV and a hybrid version as well.
The 2015-2016 Cadillac Escalade models have received some of the highest complaints and recalls of all the model years. Although there have been no recalls for transmission problems, complaints are common. Drivers say there is a “distinct clunking and surging when accelerating and decelerating, and the transmission becomes stuck in gear.” The 2015 Cadillac models have 167 manufacturer communications / TSB’s affecting the power train, many which recommend flushing and changing the transmission fluid. The problem is a common complaint with many 2015-2019 Cadillac, Chevrolet and GMC owners and is part of an ongoing class action lawsuit between vehicle owners and GM.
Drivers of certain 2015-2020 Cadillac Escalade vehicles believe that shaking and vibrations are caused by the same transmission defect, but some attorneys say the symptoms are caused by a defective drive shaft. The problem has been so wide spread, it has been coined “The Chevy Shake”. A few owners say they fixed the problem by replacing the aluminum drive shaft with a custom steel drive shaft, but GM continues to replace parts with the same defective parts.
Electrical defects are common in many newer Cadillac Escalade models. Heating and air conditioning are the top, with exterior lighting and software problems following close behind. Other complaints include: thermostat gives wrong information or just doesn’t work, no control of audio, Bluetooth intermittently disconnects, complete failure of the instrument cluster, repeated electrical shorts and temporary loss of the electric power steering.
Do you think your Cadillac Escalade could be a LEMON?… Fill out the above form or call us now for a free case evaluation.
The eight-speed automatic transmission found in certain 2015-2019 Chevrolet, Cadillac and GMC vehicles have a defect that makes the vehicle hesitate and jerk when accelerating or slowing down. Owners say that the 8L90 and 8L45 transmissions experience hard shifting and eventual engine damage.
According to a class action lawsuit filed last year, “Drivers attempting to accelerate or decelerate feel a hesitation, followed by a significant shake, shudder, jerk, clunk, or ‘hard shift’ when the vehicle’s automatic transmission changes gears.” The shuddering, shaking, jerking and hesitation is believed to be related to friction within the transmission and/or torque converter causing metal shavings to be circulated throughout the transmission.
The vehicles affected by this problem include:
2015-2019 Chevrolet Silverado
2017-2019 Chevrolet Colorado
2015-2019 Chevrolet Corvette
2016-2019 Chevrolet Camaro
2015-2017 Cadillac Escalade and Escalade ESV
2016-2019 Cadillac ATS and ATS-V
2016-2019 Cadillac CTS and CTS-V
2016-2019 Cadillac CT6
2015-2019 GMC Sierra
2015-2019 GMC Yukon and Yukon XL
2015-2017 GMC Yukon Denali and Denali XL
2017-2019 GMC Canyon
Air conditioning problems are another common complaint affecting certain newer Chevrolet, Cadillac and GMC vehicles. Owners say the system is not strong enough to withstand the internal and external pressures. Leaks eventually occur causing damage to compressors and condensers and expensive repairs.
The vehicles affected include:
2015-2017 Cadillac Escalade
2014-2016 Chevrolet Silverado 1500
2015-2017 Chevrolet Suburban
2015-2017 Chevrolet Tahoe
2014-2016 GMC Sierra 1500
2015-2017 GMC Yukon
If you purchased or leased a defective Chevrolet, Cadillac or GMC in California and it turned out to be a lemon, contact us now and we can help you get rid of it… Fill out the above form or call us now for a free case evaluation.
As the NHTSA launches phase three of the Takata air bag recall, an additional 3.3 million inflators will be added to the list. Approximately 34 million vehicles are currently under recall for approximately 46 million defective Takata air bags that can explode when the air bag deploys. The phased recall, which began in May 2016 and is expected to continue through December 2019, will affect a total of 65-70 million airbags.
The owner of a 2013 Nissan Altima, purchased in April 2013, returned to her dealership May 10, 2014, after she started having problems with her car. The Altima’s air bag and occupant classification systems were defective and had been recalled on five (5) separate occasions, and repeated electrical problems affected the steering, brakes and powertrain systems. After a year of unsuccessful repair attempts the owner of the 2013 Nissan Altima decided to contact us for advice.
Shortly after retaining the Law Offices of Delsack & Assoc., P.C. to represent her in her demand for repurchase of the defective vehicle, we were able to negotiate a buyback. Our client was reimbursed for her down payment, monthly payments, and registration; less only the mileage deduction as allowed under the California Lemon Law. Nissan also paid her full purchase balance and all attorney fees. Our client was delighted with the outcome and happy to get rid of her defective vehicle.
The owner of a 2013 Ford Fiesta contacted the Law Offices Of Delsack & Associates P.C. after repeated complaints and three (3) repair attempts at her Ford dealer. She told us she suspected her transmission was defective as it would slip, shudder and hesitate while driving and she questioned whether her vehicle was eligible for a buyback under the California Lemon Law. After analyzing her case by reviewing the repair orders and purchase contract, we determined that she had a valid claim to have the vehicle repurchased.
A short time after filing our demand, Ford agreed to buy back the 2013 Fiesta. They paid our clients purchase balance, reimburse her down payment and monthly payments, and paid her attorney’s fees. Ford was allowed to deduct a usage fee as allowed under the California Lemon Law.
Our client was thrilled to get rid of her dangerous vehicle and be reimbursed for the monies she had paid.
Shortly after purchasing a 2014 Fiat 500L in June 2014, the owner was returning to her dealership with car problems. She subsequently provided FCA eight (8) more repair opportunities that kept her vehicle out of service for over 90 days. When she contacted the Law Offices of Delsack & Associates, P.C. she told us her vehicle had numerous problems which included:
The transmission, electrical and ignition system were defective;
Both the body control module and power train control module had been replaced;
The check engine light always remained on;
There was a burning smell from the engine;
The vehicle had been recalled for a drivers side knee airbags that may not deploy properly; and
The vehicle had been recalled for a transmission that was slow to shift or wouldn’t shift at all.
After trying unsuccessfully to have these defects repaired until March 28, 2016 , our client retained us to represent her in her demand for a buyback. Within a short time our firm was able to negotiate a repurchase of the defective vehicle. Our client was reimbursed for her down payment, monthly payments, and registration. FCA additionally paid her purchase balance in full and her attorney’s fees. The manufacturer was allowed to deduct a usage fee as allowed under the California Lemon Law, but the amount was minimal. Our client was thrilled with the outcome and happy to be rid of her defective Fiat 500L.