Exploring The Limits Of My 2020 Ford Explorer

DEAR SUZANNE

By Suzanne Henderson
LETTER 67 – November 2022 | Tested

Dear Suzanne, 

Paying $35,000 on a 2020 Ford Explorer that would only end up being a lemon is plain ridiculous even if that amount covers an extended warranty. My vehicle seems to be testing my psychological limits and for one reason or the other, it keeps breaking down because of this faulty transmission. Even more annoying, is the fact that Ford already replaced this transmission for me while under my warranty. But it seems even the replacement is nothing to write home about. 

DISPOSING THIS LEMON

Right now, I just want to know what my options are concerning disposing of my lemon and I’d also like to know if this is a systemic problem or if it’s just a one-off issue. 

When I first purchased my car, it was used but certified pre-owned and the mileage on it was only 4,500. But now, my car has a mileage of just under 31,000. 

TRANSMISSION ISSUES

I remember my first visit when the transmission was leaking and I told them at the Ford dealership but after taking it in, they claimed they fixed it. However, shortly after they returned my car, the problem recurred and it started leaking again. 

So I took it back and this time, it took them five weeks before they returned my car to me. They said it was difficult to find a new transmission to put into my car and that was why it took that long. 

Also, the shift had a problem that made it function extremely and this usually happened during the few times it did function. I asked them at the dealership if it could be repaired but they said it was beyond repair and that it was best to replace it. Eventually, I told them to go on with what they thought was best and they did. 

Fortunately, ever since my transmission got replaced, I haven’t had any problems with it. However, I’m still on look out just in case; you can call it baby steps. 

 
Tested

If It Acts Like A Lemon, Then It’s (Probably) A Lemon

Dear Tested,

I am sure you would be glad to know that your vehicle already qualifies for a lemon law case as you only need aa minimum of two visits to the dealership for the same issues within your warranty. Otherwise, the vehicle must have been at the dealership for over a month due to repairs or you must have had three or more repairs done within the warranty period for different problems. 

POSSIBLE SETTLEMENT OUTCOMES

Usually, with a lemon law case, you are simply submitting a lawsuit against the manufacturer for selling a defective vehicle. And so with this, your attorney can help out by getting you any one of these three options:

• Buyback 
• Cash and keep 
• Replacement

FORD BUYBACK

The buyback is simply where the manufacturers buy back the vehicle from you and they pay you what you have already paid for the vehicle. This includes your down payment, monthly payments, taxes, and interests. If you also took out a loan on the vehicle, the manufacturing company will pay back the loan to the financier. However, with this offer, what you paid for the extended warranty will not be refunded. 

Coupled with the refund, your lawyer can also fight for additional compensation by taking into account certain factors. One such factor is the fact that the car spent over a month at the dealership. Thus, your attorney would be advocating for the inconveniences you faced within those five weeks. 

The only thing that the manufacturers have a right to in the buyback offer is what is known as mileage offset. The mileage offset is simply where the manufacturers charge you for the period you drove the car without any issues. It is usually based on the mileage you were at during your first visit. However, your attorney can fight to waive this mileage offset either in full or half. You can read more about the Ford Lemon Law buyback settlement option here.

CASH AND KEEP

The second option, which is the cash and keep offer, allows you to keep the vehicle in case you do not wish to dispose of it. The manufacturers will give you cash compensation for the issues the vehicle has had, the number of times you took it in, and for how long it’s been at the dealer. Here, you are keeping the vehicle, the warranty is still functional, and you can sell your car to another person without naming it a lemon. 

VEHICLE REPLACEMENT

The last option is the replacement option. With this, the automakers exchange your vehicle for another one having the same miles and the same value as yours. This option is not so advisable because you run the risk of getting another lemon as a replacement. It also follows a difficult waiting process as it is quite difficult to get a vehicle of the exact same model with the same mileage. 

Finalizing the lemon law process may take as long as 6 to 9 months and so during this period, you can keep taking your car in for the necessary repairs which helps make your case stronger. The more visits you have, the more proof you have that the vehicle is defective, and the more money in your account. 

Furthermore, purchasing your vehicle in California gives you an additional edge as you will not be charged any legal fees. This is because all lemon law cases are taken on contingency and are charged to the manufacturers’ accounts. As a result, 100% of the settlement will be going over to you.
 
Suzanne

Free Legal Advice About Your 2020 Ford Explorer Lemon 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 CA 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 CA Lemon Law Attorney to get proper legal advice about your lemon law claim.

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• Ford Transmission Issues Puts Friendship On Edge

Featured Image:

• 2020 Ford Explorer ©Kevauto (CC BY-SA 4.0 License)