DEAR SUZANNE
By Suzanne Henderson
LETTER 191 – From Joshua T. from Phoenix, Arizona
Dear Suzanne,
As a first-time car owner, I was over the moon when I signed the lease for a brand-new 2023 Volvo XC40 SUV. But from the moment I drove it off the lot, everything went downhill. Within only a few days, I was dealing with multiple issues that left me wondering if I had made the right decision.
As a result of these issues, I’ve had moments where I asked myself, “What have I done?” I know this isn’t how the normal car ownership experience should go, so I can’t help but beat myself up. This is my story, one maddening detail after another.
The Day 3 Disaster
The excitement of having my very first car lasted exactly three days. That’s when the problems began, and boy, did they start with a bang. One morning, I got into my car, and while the dash and screen lit up, the vehicle refused to start. Instead, it kept displaying a message: “Push the brake and press start to start the car.” However, no matter how many times I pushed the brake and pressed the start button, nothing happened. The gears seemed locked, the car was immobile, and my frustration was off the charts.
Once it became obvious that nothing would work, I had to call the Volvo dealership to have it towed. Suzanne, I can tell you that while the dealership covered the towing costs (as they should!), it didn’t soften the blow of seeing my car hauled away. What followed next was even more frustrating. The dealership had promised to look into the issue promptly, but “promptly” turned into a 10-day ordeal. Ultimately, they fixed the vehicle 20 days after I purchased it and 17 days after it had been in the shop.
Some first car experience this was turning out to be, I barely had enough time to enjoy it before it was back at the dealership.
Acceleration Issues Join the Mix
Once the car was back in my hands, I discovered a new set of problems. First, I noticed the acceleration was painfully slow, and the vehicle struggled to accelerate smoothly, taking more than 20 seconds to go from 0 to 60. For a modern SUV, this felt like driving a 2002 dumpster truck in an F1 race. As for the RPMs, they seemed like they were afraid to climb, and the exhaust noise was bizarrely loud for what should be a refined luxury vehicle. Every time I gave it more than a little throttle, it would roar like an angry lion roused from a deep sleep.
Within a month, the check engine light came on. I took the XC40 back to the dealership, and they ran diagnostics, which was when they discovered issues with the catalytic converter and the emission systems. Before finally deciding to replace the cat converter, the technician first replaced the O2 sensors, but the light reappeared. After that, the car began having lean and misfire codes, which pointed to fuel and air mixture issues.
Those codes disappeared after repairs, even though the XC40’s acceleration remained sluggish. Every press of the accelerator brought hesitation and excessive revving. The dealership suggested everything from changing the fuel pump and filter to tweaking the clutch and oil system. Eventually, they decided to swap out the catalytic converter.
More Lights, More Problems
By this time, I had become paranoid, thinking the mechanic might have messed up something with the fuel/air ratio. Also, I didn’t trust them to fix their mess without further damaging the vehicle. It got to a point where I was on a first-name basis with the dealership staff, especially when the more recent issue occurred.
Long story short, my car had repeated battery drain problems and some other electrical issues involving the backup camera system. I complained about this to the dealership, and my car spent 15 days there before I received it.
For about a week the car drove fine, until the check engine light came on again. I returned to the shop, and they cleared it, but on the drive home, the dashboard lit up again, so I had to go back to the dealership. They kept the Volvo for another 7 days before telling me they couldn’t find anything wrong that could be triggering the warning light.
For now, they’ve assured me that they fixed the car, but forgive me for not taking their word for it. I’m just waiting to pick up my vehicle and have them tell me to return once another check engine light comes on.
In the meantime, I’ve started to explore my options under the Lemon Law, and from what I’ve read, I think I have a solid case. I’ve been contemplating reaching out to a Lemon Lawyer, but I’m not sure how much that will cost me. Do you think it’s a good idea to contact an attorney? Can you give me an idea of how long the legal process will take?
Joshua T. from Phoenix, Arizona
Turning the Tables: How the 2023 Volvo XC40 Could Qualify as a Lemon
Dear Joshua,
I can imagine how annoying it must have felt when you discovered your first vehicle was a nightmare instead of the exciting experience you had in mind. It might help to know that it’s not all bad news. Let’s see if we can turn your sour situation around and get you the compensation and peace of mind you deserve.
How the Arizona Lemon Law Works
First, let’s break down why your 2023 Volvo XC40 might qualify as a “lemon.” According to the Arizona Lemon Law, a vehicle may be deemed a lemon if it has recurring issues that significantly impair its use, value, or safety. Since you’ve had multiple problems, including engine, electrical, and acceleration issues, you may already qualify.
When your vehicle qualifies as a lemon, you have legal grounds to seek a buyback, a replacement, or cash compensation from the manufacturer. Considering the multiple repairs and ongoing issues, you could have a solid case for a buyback or cash settlement with your Volvo.
Possible Resolutions That The Automaker May Offer
In Arizona, there are a few different types of compensation available, including:
- Buyback Option:
This is one of the more popular options available. Under this option, Volvo will buy back the vehicle and refund everything you’ve spent on it. This would include your down payment, monthly payments, taxes, and interest. If there’s a balance on the loan, the manufacturer will pay it off, so your credit isn’t affected.
- Cash and Keep Option:
This option involves you receiving a cash settlement while allowing you to keep the car and its warranty. If you later decide to sell the car, you won’t have to disclose that it’s a lemon to a future buyer. This option provides some relief, but if you’re ready to part ways with your lemon, the buyback is usually a better choice.
- Monetary Considerations:
Apart from the refund or cash compensation, there could be additional costs you’re entitled to in the settlement. This can include:
- Towing Fees: You mentioned that the dealership covered the towing costs when the car failed to start. However, if you incurred any other towing or transport costs, you can add them to the settlement amount.
- Rental Car Costs: If you had to rent a car while your Volvo was in the shop, you can ask for a reimbursement.
- Legal Fees: In Arizona, attorneys usually handle lemon law cases on a contingency fee basis. This means that your lawyer will only get paid if you win the case, and their fees will come out of the settlement or buyback amount, ensuring you’re not paying upfront.
Should You Contact a Lemon Law Attorney?
Based on everything you’ve told me, it sounds like you have a strong lemon law case. A lawyer can help you through the legal process, file the claim, and ensure you receive the maximum amount of compensation possible. As far as cost goes, there’s no reason to hesitate since your attorney’s fees are usually covered by the manufacturer if you win.
Note that the process and timeline can vary, but lemon law cases in Arizona generally take a few months to resolve.
I know this has been an incredibly frustrating experience, but the good news is that Arizona’s Lemon Law is here to protect you. Reach out to a lemon lawyer as soon as possible, and don’t let them delay your rightful compensation.
Suzanne
Talk to a 2023 Volvo XC40 Lemon Law Attorney Today!
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about Texas’ lemon law protections here, fill out the form on this page, or give us a call at (833) 743-1990 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 Arizona Lemon Lawyer or how to file a claim, 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 Arizona Lemon Law Attorney to get proper legal advice about your lemon law claim.
Related Articles:
- Arizona Lemon Law Eligibility Criteria: Who Qualifies For Protection?
- Your Complete Guide to Filing a Lemon Law Claim in Arizona
- Arizona Lemon Law: What You Need to Know
Featured Images:
- 2023 Volvo XC40 ©Alexander Migl (CC BY-SA 4.0)
