DEAR SUZANNE
By Suzanne Henderson
LETTER 184 – From Sentimental Wife
Dear Suzanne,
Being a mom is difficult enough, but being a single mother is never an easy feat to pull off. It is a full-time job in and of itself, but even at that, motherhood is a thing of joy. Everything becomes more difficult when you have to combine being a mom with your actual career and putting food on the table. Imagine how stressful it is when you have another area of your life weighing upon you like your defective car. This is my predicament.
I own a 2021 Ford Fiesta. This car was a gift from my husband to celebrate our anniversary that year, but sadly, he passed away about a year and a half later. Now the car is more of a reminder of what I lost and can’t have anymore. If it was only that, I wouldn’t have minded, but with all of the issues I’m experiencing with the car, it hasn’t made things any easier.
The First Issue
When the first issue popped up, my husband was still alive so he was the one that dealt with it alongside all the communication with the dealer. As a result, I’m not a hundred percent sure about the exact details of what happened, but I do remember the problem had to do with the brakes failing.
Periodically we would have situations where the brakes would fail to respond even after hitting them multiple times. Sometimes, it seemed like a total brake failure, and other times, it was a case of delayed response. Thankfully my husband was a very good driver, and whenever the brakes failed to respond, he always found a way to maneuver the car without getting in an accident.
After he took the car for repairs at the Ford dealership, he told me that they would have to keep the car for a while to inspect it. Three or four days later, they called to say they had fixed it and we believed them.
But as soon as my husband got behind the wheel to take it for a test drive, the first thing he said was “It still feels the same as before”. So we took it back to the mechanic and told them to confirm that the car brakes were back in full functionality. They did and sent us on our way. This time though, the brakes had stopped failing and lagging.
The Second Issue
By the time the second issue came up, it was already just me. This time, the issue was that I was slipping and sliding whenever it finished raining and the roads were wet. It’s as if the car tires lose all traction and slide all over the road.
I have complained about this countless times to the repair guy, but it’s as if they don’t pay attention to the things I say. Every time, their response is the same; “It’s too soon for the tires to have worn out”. Each time they say this, I ask them to confirm that the tires are still good, but they keep on saying there’s no reason to and to come back in a few months.
So at that point, it was more like I was stuck with a car that was very difficult to handle. Since it was only when it rained that this problem showed face, it was somewhat manageable. However, this did not mean I was fine with it, and I went in search of another Ford-certified dealership which I later found.
It was when I took my car to them that I got better information about what was wrong. There, they were more open with the problem and how to go about solving it. They said it was the two front tires causing this slippery problem. They checked the depth of the tires and replaced them, at no cost to me.
After fixing this issue, I thought (or hoped) that would be the last time I had to take the car in for repairs. However, just when I was settling in nicely, the brake issue started showing signs of resurfacing again. To be honest, I’m not in the mental space to deal with all of that again.
Left to me, I would have sold off the car or found some way to dispose of it. But seeing as it’s a gift from my husband, there’s so much sentimental attachment involved that it makes me want to hold onto it for as long as I can. Therefore, I’d appreciate any tips you have for me that can give me a way forward without these car issues.
Sentimental Wife
Your 2021 Ford Fiesta Sounds Like A Lemon
Dear Sentimental Wife,
I’m so sorry for your loss and it’s not fair that your vehicle defects are creating so much stress. There may be a way to get the automakers to fix the issues and this is possible because of the lemon law. You may need to be more open-minded in case they are unable to fix these problems. You shouldn’t be burdened by a defective vehicle, and in the end, you may have to part with the car if you don’t want to remain stuck with a lemon.
Lemon Law Requirements
With the lemon law, you get access to a couple different retribution options. To qualify for this, you must first meet the following requirements:
- You must have at least two repair orders from the dealership for the same issue
- You must have visited the repair shop three or more times if having different issues
- These issues must have occurred while still under the manufacturer’s warranty
Meeting these requirements is the only way you become eligible for the lemon law.
The good thing about your case is that there are a couple of different options available to you. Not only do you have enough repairs to qualify and have a good case, but you also have ample time to keep taking the vehicle in for repairs. If in that time the manufacturer is able to provide permanent repairs for your issues, then you are free to keep the car.
Your Retribution Options
The two main options available to you as a lemon owner are:
- The buyback
- The cash and keep
The buyback is where the manufacturers buy the vehicle back from you. Then they pay you back for everything you have spent towards the vehicle. This includes refunding your down payment, monthly payments, taxes, and interest. If you took out a loan on the car, the manufacturer has to pay back the loan for you. On the plus side, your credit may go up.
The only deduction they can take from the buyback settlement is called the mileage offset. This means that the manufacturers have the right to charge you for the miles you drove the car with no problems. They would base this on the mileage you were at during your first visit to the dealership for repairs. Luckily your attorney can have this waived in half or in full.
The second option is called the cash and keep, and this is probably what you’re looking for. In simple terms, it involves you receiving cash compensation for the issues you were having while allowing you to keep the vehicle. With this option, your warranty won’t be voided or canceled. Also, if you wish to later sell your vehicle, you can do so without deeming it a lemon.
With this option, you can no longer file a lemon lawsuit on that same vehicle against the manufacturers. This is quite risky as there is no assurance that the same issues or even worse problems won’t come up later in the future. By then, your warranty might have expired, and as a result, you would have to shoulder the bills for any repairs.
Since you purchased your car in California, you are not required to pay tons of attorney fees. This is because all lemon law cases are taken on contingency. As such, the lawyers bill the manufacturers’ account, allowing the total original settlement amount won to go over to you.
If you have any questions about fees or timelines for reaching a settlement, your attorney is your best resource. I hope you’re able to fix the fiesta once and for all and hold on to it for a long time. Best of luck moving forward!
Suzanne
Featured Image: 2021 Ford Fiesta ©Alexander Migl (CC Attribution Share-Alike 4.0 license)
Free Legal Advice About Your 2021 Ford Fiesta 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 Lawyer or how to file a claim in California, please write to help@lemonlawyers.org. 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 Law Attorney to get proper legal advice about your lemon law claim.
Related Articles: