My 2021 Buick Encore Turned Into A Gas Guzzler

DEAR SUZANNE

By Suzanne Henderson
LETTER 136 – September 2023 | Buick Owner

Dear Suzanne, 

I purchased my 2021 Buick Encore on a Whim. While it may not be the worst decision I’ve ever made, I can’t say that it was a great one either. This is mostly due to the fuel injector problems It’s been having. I purchased it used and certified pre-owned with 26,000 miles on it. I have had no accidents or aftermarket parts installed. 

When I got the car in December, it was functioning perfectly fine. At least until hitting the 1000 to 2000 mile mark. That was when I had my first issue with it. 
 

DASH LIGHT DILEMMA

One day when I was about to leave work, I noticed a dashboard notification. It said I should take my car to the Buick dealership for inspection. This is the first time I noticed it, and it seemed pretty early to already be heading back to the dealership. 

I called the dealership and made an appointment, but when it came time to leave, there was a problem. I tried to start the car with the remote – which is what I usually use – but it did not work. I flipped out my key and started it right up. 

When I took the car in, the dealership first said they couldn’t detect anything on their computer. I explained what the dash light looked like and they decided to take one more look. This time they discovered an issue with the fuel injector. 

A FUEL INJECTOR FACADE

Unfortunately, they said they couldn’t do anything about it yet. They would need to keep the car for a couple of days to determine the next line of action. As such, I had to leave my car there with them. 

About five days later they called me to say that my car was ready for pickup. I arrived and asked what they did to fix the issue, but they didn’t give a definitive answer. I wish they were more forthcoming, but I shrugged it off and left. 

The following week I noticed that the amount of gas my car was consuming wasn’t equal to the amount I was purchasing. That is, my car was consuming more gas than normal. Gas prices being what they are, it wouldn’t be long before I would go bankrupt due to constant gas refills. Before I could even decide to take it back, the engine began to misfire as well.

On my way to the dealership the same notification popped up on the dashboard. While there, the service guy told me that the fuel injector would need replacement before the issue progressed to something worse. This meant they would have to keep my vehicle for another few days. 

NO MORE NOTIFICATIONS PLEASE

The dealer said that the notification I was seeing was unrelated and was probably a problem with the sensor. I don’t think they replaced this sensor because I still received another notification just last week. 

As for the fuel injector replacement, they kept my car for almost two weeks before they returned it. When I picked it up I had hoped that was the end of it. But sadly, last week I received another notification saying I should take my car for another inspection. I haven’t done that yet; I plan to do that this coming week. 

I guess the good thing is that for all of these visits and replacements, I wasn’t charged a dime. It’s still no excuse for my defective car and the issues it’s caused me. I would like to know more about lemon law and what it entails so I can know what options are available to me. 

Buick Owner

YOUR 2021 BUICK ENCORE PLAYED IT’S FINAL ACT

Dear Buick Owner, 

Buying a car on a whim isn’t exactly in my book of tips and tricks for ending up in a reliable ride. However, that’s not an excuse for a car with only 26,000 miles to constantly be in the shop. I’m glad the dealership was honest by not charging you, but be careful. It’s easy to let little problems go until your warranty expires, and then suddenly you need a huge repair. This is why I’m glad you contacted me when you did!

LEMON LAW AND YOUR WARRANTY

The way lemon law works in the state of California is that your car must have been worked on a certain number of times to qualify. If the vehicle has been to the dealership at least twice for the same issue or three or more times for different issues, then it qualifies as a lemon. 

These repair attempts must have occurred during your warranty period. It can be expired when you submit your claim as long as the visits to the dealership happened while the warranty was active. This is why it’s extremely important to keep track of all repair orders and any communication with the dealership.

For Buick, a warranty is typically 3 years or 36,000 miles bumper-to-bumper and 5 years or 60,000 miles for the powertrain warranty. Bumper-to-bumper covers almost anything including brakes, power steering, and electrical system issues. As for the powertrain warranty, it covers both engine and transmission issues. From what you have explained, it seems like what you’re experiencing deals with both basic and powertrain problems. 

It’s good to know you are protected under the lemon law because these issues came up while you were still under the original warranty. If your vehicle develops faults that require you to use the warranty, it helps your case in proving that the car was built defective. Under normal circumstances, you shouldn’t need the warranty except maybe for oil changes or maintenance.

And with vehicles like yours, they are deemed defective because of the multiple repair visits you have had. If the repair shop could fix the issue, they would have done so on the first couple of visits. But with the issue coming up over and over, it means there’s a serious problem with the car. When this happens, even if the warranty elapses you may still need to take your car in for repairs. 

At this point you’d have to pay for the repairs from your pocket. This is what we are trying to avoid with the lemon law. 

Since you’re still under the manufacturer’s warranty, your lawyer has a bit of wiggle room as to what they can do regarding your compensation. It’s always best to get things started as soon as possible to avoid any more pushback from the manufacturers. Your available options are as follows: 

BUYBACK OPTION

This has to do with the manufacturers buying back the vehicle from you. Thus, they will pay you back everything you have spent on the car since you purchased it. This is going to include your down payment, monthly payments, your taxes, and interest. If you took a loan out on the car, the automakers would have to pay that off as well.

The only deduction that they can take from the buyback settlement is the mileage offset. This means that the manufacturers have the right to charge you for the period you drove the car without any issues. They would base this on the mileage you were at when you first took your car in for repairs. 

CASH AND KEEP

This option involves receiving some money back as compensation for the issues you’ve faced while still keeping the car. Some people refer to the money the manufacturers give you as “hush money” because you can’t go after them for the same vehicle. A positive with the cash and keep is your warranty will not be voided or canceled. If you have another issue you can still bring it in for repairs. Also, if you later wish to sell your vehicle down the line, you can do so without deeming it a lemon to the next owner. 

So with the cash and keep, they are not necessarily paying you back for anything. Rather, what they are saying is “Sorry for the issues you’re facing, here’s some cash as compensation for those issues. By the way, don’t forget to withdraw the lawsuit you have filed against us”. That’s all the cash and keep really is. 

Now, the way they determine the amount you get is dependent on certain factors. These include the type of issues you are having, how severe those issues are, your car’s mileage when you started the case, and how many times you have taken it in for repairs. 

LEGAL FEES? NOT HERE!

By purchasing your vehicle in California, you enjoy certain consumer-friendly benefits. One such benefit is having your lemon law case taken on full contingency. This means that you won’t have to pay any legal fees as the manufacturer is responsible for paying them off. So all the money won in the original settlement goes straight to you. 

While your case is on, it doesn’t hurt to take your car in for more repairs if the need arises. You only need to make sure you get back all the repair orders for each visit you have during this period. This will only strengthen your case against the manufacturer. If you have any more questions, reach out to your attorney for clarification.  

I hope I’ve provided some helpful information. If you still need help on what to do next, your attorney is the person to ask. Best of luck!

Suzanne

 
PS. Buick is a brand owned by General Motors. Read more about the GM Lemon Law buyback settlement option, how it works, eligibility criteria, affected models, common defects, and case examples.

Free Legal Advice About Your 2021 Buick Encore 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 California Lemon Lawyer 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.

Related Articles:

• Supply Issues Plague 2020 Buick Encore Owner With Brake Concerns
• 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case
• How To Avoid Buying A Lemon & What To Do If You Already Bought One

Featured Image:

• 2021 Buick Encore ©Zotyefan (CC BY-SA 4.0 License)