Category Archives: California Lemon Law Buybacks

2019 Cadillac CTS Lemon Law Success Story

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Our client leased a 2019 Cadillac CTS.

On September 26th he provided the Cadillac dealership the first opportunity to repair the defective 2019 CTS. This vehicle was seen for squealing brakes and the front end was riding rough. He was also having problems with the radio system booting down and then restarting. The mileage at that time was 2,564 miles.

In October he brought the vehicle back in for squealing brakes and the sensation of tension in the front end when he would slow down the vehicle.

On December 13th he was still having problems with squealing brakes and brought it in for the third time.

In January he brought the car in for the brake problem, a vibration in the front end that was felt in the steering wheel and a vibration sound in the dashboard on the driver’s side. It was his 4th visit to the dealership.

Another visit to the dealership was on February 21st with a rattle above the push start button when driving at 30 mph or higher.

The final visit to the authorized Cadillac dealership was on June 16, 2020 with the brakes still making a squealing noise and a front end vibration at 30-50 mph while driving. He had 7,506 miles on his CTS by that time.

After trying unsuccessfully to have these defects repaired by the authorized Cadillac dealership 6 times, he then retained the Law Office of Barry Edzant to represent his demand for repurchase of the vehicle under the California lemon laws.

Our firm was able to win a full repurchase for our client of his defective vehicle. This included reimbursement for his down payment, monthly payments, and registration, less only a mileage deduction allowed under California’s lemon law, pay off the balance in full and paid all attorney fees. We also received additional compensation for our client above the actual purchase price.

Needless to say our client was very thrilled with the outcome. If you are having problems with your vehicle, we would be happy to answer your questions. Please call the Law Office of Barry L. Edzant at 888-395-3666. We handle Lemon Law cases throughout the state of California.

Is The Manufacturer Directly Liable For Breach Of The Express CPO Warranty?

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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.

Click Here to read a transcript of the case.

California Lemon Law Buyback – 2013 Nissan Altima

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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.

2013 Ford Fiesta Ca Lemon Law Buyback

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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.

Defective 2014 Fiat 500L – CA Lemon Law Buyback

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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.

2014 Chevrolet Traverse Repurchased For Safety Defects

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After his second (2) unsuccessful repair attempt, the owner of a defective 2014 Chevrolet Traverse contacted our law offices for advice and to retain our firm. He told us his vehicle had several manufacturing non-comformities affecting the engine and safety systems. The engine would periodically lose power; the check engine, traction control and airbag warning lights would remain on; and the passenger front safety belt anchor and restraint system were defective.

We analyzed our client’s potential lemon law case by reviewing the repair orders and lease contract, and determined that he had a valid claim to have the vehicle bought back. Shortly after filing our demand, GM agreed to repurchase the 2014 Chevrolet Traverse, pay off the balance of the lease and reimburse our client for his down payment and monthly payments. GM also paid our client’s attorney’s fees. The only cost was a usage fee as allowed under the California Lemon Law.

Our client could not have been happier to get rid of the dangerous vehicle and be reimbursed for the monies he had paid.

2014 Ford Escape Buyback For Manufacturing Defects

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Two months after purchasing a 2014 Ford Escape in January 2015, the owner was returning to her Ford dealership for the first repair opportunity. She subsequently provided Ford three (3) more chances to repair her Escape, which kept her vehicle out of service more than 71days.

The vehicle had several manufacturing non-conformities that caused loss of power and stalling under normal operating conditions. The engines long block assembly had been repaired several times, the Power Control Module (PCM) had been replaced and the check engine light was always on. The vehicle would also frequently go into “Limp Home Mode” and not exceed 40 mph.

After trying unsuccessfully to have these defects repaired until June 11, 2015 , the owner of the Escape contacted the Law Offices of Delsack & Assoc., P.C. for help. 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; less only the mileage deduction allowed under California ‘s lemon law. Ford additionally paid her purchase balance in full and all attorney’s fees. Our client was delighted with the outcome.

California Lemon Law Buyback For 2014 Chevrolet Corvette

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The owner of a 2014 Chevrolet Corvette, purchased in November 2013, returned to her GM dealership in April 2016 when she first started having trouble with her car. She subsequently provided her dealer six (6) more repair opportunities before she called us for help.

When she contacted the Law Offices of Delsack & Associates, P.C., she told us her vehicle was experiencing a phenomenon called “Tire Hop”, a problem caused by imperfect steering geometry and sticky tires. She told us it caused a chattering noise from the rear of the car and the tires would slip when turning at low speed and tight steering angles. In addition, the drivers window, radio, cooling system, and fueling system were defective and the instrument panel would black out under normal operating conditions.

After trying unsuccessfully to have these defects repaired until December 10, 2015, our client retained us to represent her in her demand for repurchase of the vehicle under the California lemon laws. Within a short time our firm was able to negotiate a repurchase of the defective vehicle. GM also paid off her lien holder and paid for her attorney’s fees. Our client was delighted with the outcome and happy to be rid of her dangerous car.

Don’t let problems affect the safety of your vehicle. If you have had three (3) or more repair attempts for the same or similar substantial problem, two (2) repair attempts for a safety related problem, or your vehicle has been out of service in the hands of an authorized dealer for more than 30 days during the first 18 months or 18,000 miles, it could be a lemon.