DEAR SUZANNE
By Suzanne Henderson
LETTER 30 – August 2022 | Tired in Tiburon
The Term ‘Weak Engine’ Just Doesn’t Sit Right With Me
Dear Suzanne,
I purchased a 2020 Chevy Spark for my daughter and she has had nothing but complaints about it. The car has 36,000 miles on it and the warranty is still on—far from being over. As of now, we’ve taken it to the Chevrolet dealership about five times and we meet nothing but dead ends on each visit.
The complaint started with her stating that the vehicle doesn’t ‘take off’ to satisfaction. She said it used to feel like she was forcing the vehicle to move, especially on highways. I didn’t put it to heart at first but after her persistence, I gave it a drive and I could feel it immediately. This vehicle barely moves on the road; I literally had to floor the accelerator to get it to a decent speed.
We took it to the dealership with the complaint and they offered to look into it. The vehicle stayed two days at the dealership and they came out to say nothing was wrong with it. I was really surprised—like what do you mean by nothing is wrong with it? I drove this vehicle and noticed it almost immediately so how is it suddenly fine? They made me feel like I was overreacting so I took it and left.
With all their rants about how nothing is wrong with the vehicle, it remained the same. It felt like the vehicle was too heavy for itself. We decided to take it to the dealership a second time while citing the same complaints. It was with them for a day then they told me that the 2020 Chevy Spark has a ‘weak engine.’ I am by no means an auto expert but that was the first time I’ve heard such. Weak engine? How is that possible? We’ve never replaced the engine before so how is it so?
They brought up the idea of running a full diagnostics and I was okay with the idea until they said it would cost $220. A diagnosis for $220 when you cannot guarantee me that all will be well with the vehicle? I am not ready to sacrifice that amount because I am a single mother who is working hard to make ends meet; secondly, the term ‘weak engine’ just doesn’t sit right with me. My daughter then told me not to worry—stating that she believes she can still use the vehicle that way.
Not long after the second visit from the dealership, the problems started multiplying. It just seemed as if they had tampered with it. At first, it won’t start when you turn on the keys. Other times, the car shudders violently when you turn the keys and the lights start flashing. The routine became ‘shudder before start.’ We took it to the Chevy dealership the third time to lodge complaints and they held the vehicle down for about two days. Guess what? They said nothing was wrong with it.
My daughter then brought up the idea of making a video of it when the whole thing occurs. We made three videos before taking the car to the dealership for a fourth visit—this time, with proofs. They held the vehicle for three days now and still claimed that it was fine. To my frustration, they still brought up the issue of full diagnostics. We are fed up and after about five visits we are looking for a way to get rid of the car. Does this situation qualify for a lawsuit? Is a win situation feasible?
Tired in Tiburon
Transmission May Be The Real Issue
Dear Tired,
Sadly, the 2020 Chevy Spark is known to have the caliber of engine problems you stated. But I don’t agree with the term ‘weak engine’ that your dealership used. They would have been better off telling you that it was an engine problem rather than trying to coat it with technical terms. It seems like you have a shady dealership on your hands.
If the case is truly as described, you will be happy to hear that it is a potentially good lemon case on your hands. The problems plaguing your 2020 Chevy Spark may be beyond your engine—I believe your dealership missed out on a potential transmission problem. One of the reasons why it doesn’t seem to take off fast may be because the auto transmission system does not switch the gears at the right time. You may also notice that the engine would make louder sounds at that moment.
From your story, it is clear that your dealership is trying to waive the responsibility of fixing the vehicle. Or possibly trying to stall the problem till you surpass your warranty window. I say this because the engine is ideally under your warranty and they should charge nothing to work on it. You have done right by not agreeing to pay for any diagnostics or extras as they advised.
In California, this seems like a formidable lemon case since you have taken it to the dealership about five times. However, I must emphasize the need for a good lemon law attorney if you want the process to be easier for you. And you should also have a copy of your purchase contract alongside proper documentation of each visit to the dealership. If you don’t have that, you can request it from them. But for your good, don’t tell them you need it for a lemon law case. Dealerships don’t like it when you attempt to take legal action so they may not be willing to provide the documents.
If you have all that settled, I would tell you of the two lemon options that are applicable in this case. You have:
- Buy Back
- Cash and Keep
For buy back, it means the manufacturer (General Motors in this case because it is Chevy) will reimburse the amount you purchased the vehicle which could be down payment, monthly fees, and how much you’ve spent on the lemon repairs with the Chevy dealership. They are going to pay you everything back including taxes.
For the cash and keep, the dealership offers you a one-time fee to compensate you for all the repairs and problems the lemon has caused. But you are opting to keep the vehicle. This means that if you resell, you don’t regard it as a lemon vehicle again.
From your complaints, I am certain that you would want the buy back option and sincerely, it is the best. So I advise you to prepare the dealership documents alongside the purchase contract and find the best lemon law attorney you can get. In the right hands, this case is a very formidable one. But remember not to mention anything about opening a lemon law case to your dealership or getting the documents may be more difficult. Good luck!
Suzanne
Free Legal Advice About Your 2020 Chevy Spark 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 Law or how to file a claim in California, please write to dearsuzanne@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 CA Lemon Law attorney to get proper legal advice about your lemon law claim.
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Featured Images:
- Chevy Spark ©Benespit (CC BY-SA 4.0 License)