DEAR SUZANNE
By Suzanne Henderson
LETTER 60 – October 2022 | Complainant
Dear Suzanne,Â
My car is a 2019 Honda Accord Hybrid that I bought certified pre-owned. It has about 51,000 miles on it currently. When I first purchased this car, it had between 45,000 and 50,000 miles on it. I co-own this car with my brother and we only bought it about a month ago. As a result, I don’t understand how and why it is so defective. Let me give you a quick overview of the issues affecting my car.Â
I have taken my car to the Honda dealership only once, but I have a second visit scheduled for the next couple of days. I also have the paperwork for that first visit along with copies of my warranty. So if all that is needed to begin my case, then we can do so immediately because I’m tired of owning a defective vehicle.Â
Okay, so I took my car in for its first repair sometime last week while it had a mileage of about 50,000 to 51,000. So the reason for this visit was that I’ve been having trouble with the low mpg and changing between 22 to 25mpgs. I first discovered this when I took my car for a drive right after I purchased it and ever since, it became a recurrent issue.Â
As a result, I had to take it to the dealership for diagnosis. When I took it in, they ran a full inspection and they said there was nothing wrong with the car. They then took it for a test drive for about 38 miles for further confirmation, but they still maintained nothing was wrong.Â
Another issue I mentioned on this first visit was the incessant engine noise. I noticed that anytime we drove the car and accelerated, the engine often sounded somehow like a truck. It was even more annoying because the noise was way too loud. Based on the noise, I wonder if it was a pepper grinder I purchased instead of the car.Â
Now, I’m scheduled for another visit and the reason for this is to check out the ABS that is quite faulty and keeps locking for no reason. I first noticed this some days back while going home after working a graveyard shift and the roads were empty. The ABS suddenly locked in and my car skidded to a stop.Â
I was disturbed because there was no obstacle or vehicle nearby and so there was no reason for this. So, unless my car is just like that in the Ghostbusters movie that can detect ghosts, then there is no logical explanation for what happened. It became a regular occurrence after that first time when even when other cars were a far distance from me, the ABS would suddenly come into effect by itself.Â
I only discovered lemon law a couple of days ago while going through TikTok and so I don’t know much about it. What do you suggest I do with my lemon?Â
Complainant
Watch: Your Ultimate Resource: Understanding the Honda Lemon Law Buyback Process
Your Dealer Definitely Sold You A Lemon
Dear Complainant,Â
First of all, as touching your first visit, your dealer did not need to duplicate the issue before trying to understand what was going on. However, the good thing about your case is that your car is still within the warranty period and so there is still a little wiggle room concerning what your lawyer can do for you.Â
Now, in order for you to qualify for lemon law, you must have at least two repair orders for the same issue or three repair orders for different problems. Each of these visits and repair orders must have happened while under the warranty period. As such, it is expedient that you take your car ASAP to the dealer at least one more time for any of the issues you already stated. It is only after then that your lawyer can take up your case and file a lawsuit against the manufacturers.Â
Additionally, you may as well take it in for repairs especially if you encounter any transmission problems. This is because Honda cars are very well known for having these kinds of problems and your car, I’m sure, is not an exception.Â
Usually, with lemon law, there are three different options available to you and they include:
- Buyback or Repurchase
- Cash and KeepÂ
- Replacement
The repurchase offer means that you will be reimbursed for any down payment that you made and any monthly payments made. You will also be required to return the vehicle to the dealership and in the case of any remaining payments for the car loan, it will be balanced by the manufacturers. Also, any rental fees, towing fees, taxing fees, and uber lifts will be refunded to you.
However, with this offer, the only thing the manufacturer is allowed to take from you is the mileage offset. The mileage offset is simply how long you drove the car without any problems and you will be charged for this. In other words, it means the mileage you were at during your first visit. But the thing about this offset is that your lawyer can get them to waive it in full or half seeing as they sold you a defective vehicle. Additional details about the Honda buyback settlement option, mechanics, eligibility standards, affected vehcles, common defects, etc.
The second outcome which is the cash and keep offer is that you will receive cash compensation for the troubles you faced while driving the car. With this, you still keep the vehicle while continuing any monthly payments on the car. Also, this doesn’t mean your warranty will be voided or canceled, and neither does it mean the car’s resale value is lost.Â
The only thing about a cash and keep offer is that you must sign a form stating that you will not file another lemon law case for that same vehicle against the same manufacturers. However, you can do that for other vehicles purchased from the same or different automakers.Â
The last offer is known as the replacement offer and is not so recommendable. This offer means you will get another vehicle with the exact same miles and price. The problem with this is that you may once again get stuck with some other lemon vehicle.Â
Now, since you purchased your vehicle in the state of California, you will not be charged any lawyer fees for your lemon law case. This is because any lemon lawsuit taken up in California is taken on contingency and the legal fees are paid by the manufacturers. This means that you do not have to share the settlement obtained between you and your lawyer; it is solely for you the registered owners.
Suzanne
Free Legal Advice About Your 2019 Honda Accord Hybrid Law Claim
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about California’s lemon law protections here, fill out the form on this page, or give us a call at (323) 553-7525 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about California Lemon Law or how to file a claim in California, please write to [email protected]. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a California Lemon Lawyer to get proper legal advice about your lemon law claim.
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Featured Image:
- 2019 Honda Accord Hybrid ©Chanokchon (CC BY-SA 4.0 License)