DEAR SUZANNE
By Suzanne Henderson
LETTER 92 – February 2023 | Stressed
Dear Suzanne,
Owning a car is not all sunshine and rainbows – my experience with leasing a 2022 Subaru Outback taught me that the hard way. When I initially decided to lease the car, I had plans to purchase it once the lease expired. However, the past few months have been nothing short of a nightmare, and I can’t wait to get rid of it. The electrical system has been the source of all my problems.
The first issue I encountered was with the auto start/stop system. The car was supposed to come to a stop on its own when it approached an obstacle, but I quickly realized this feature was faulty. In one particular incident, the car came dangerously close to another vehicle, and it seemed like it would not stop. I had to hit the brakes myself to avoid an accident. When I contacted the dealer, they dismissed my concerns, and the problem continued to occur.
After going in for an oil change, I complained once again, and the car was taken in for inspection. However, the Subaru dealership found nothing wrong with the car. A few weeks later, I was driving in San Francisco with my grandson when the cruise control malfunctioned again, causing the car to speed up unexpectedly. If I hadn’t hit the brakes, we would have been involved in an accident. I was understandably shaken and upset, and when I called the dealership, they only scheduled an appointment for me when the person I spoke with returned to work.
At the dealership, I was told that the dashboard lights were frequently coming on for no reason, and the dealership found that the dashboard light sensor was faulty. They explained that the sensor was on backorder and I would have to wait for the situation to repeat itself before I could get it replaced. When I contacted Subaru America, they replaced the sensor, but the cruise control issue persisted, and the dealership was unhelpful in resolving the problem.
Every time I pressed the brakes, the dashboard lights and even the AC lights would also light up, and it soon felt like I was driving a Christmas tree. The dealership claimed they would check it out, but when I arrived for my appointment, they said I didn’t have one and had to come back when they called me. After a month passed with no word from the dealership, I called the person who had asked me to come in initially, but she hung up on me. It felt like they were playing games, and I was fed up with all the back and forth.
All this stress for a brand new car that I thought I would own someday. I learned the hard way that owning a car and leasing a car are two different things, and the reality can be much more frustrating and stressful than anticipated. Could it qualify for lemon law even though it’s a lease?
Stressed.
Watch video:
Subaru Lemon Law Buyback Settlement: What You Need to Know to Navigate the Process
Your Dealership Seems Quite Shady
Dear Stressed,
Your car sure sounds like a lemon vehicle and from what you’ve said, it looks like you have a case already. Lemon law is there because sometimes, the manufacturers and the dealerships may want to take undue advantage of the customer especially with the warranty. As a result of this, lemon law allows you to table a case against the automakers for selling you a defective vehicle.
Now, lemon law works in a way that to prove you own a lemon, you’d have to provide proof of that. To do that, you would need at least two visits concerning the same issues or three visits for different problems or if the car had been at the dealership for over a month. Once you have these records, you are free to move forward with your lemon law either through arbitration (not recommended) or by filing a case against the auto manufacturer.
Now, with your records, you are good to go already and as such, there are certain options available for you to pick from depending on your choice. You get to pick one of three options and they are:
- Buyback Offer
- Cash and keep Offer
- Replacement Offer
So, the first option which is the buyback is all about the manufacturers buying back the vehicle from you. They then return all the money that went towards the vehicle and this includes your down payment, monthly payments, your interest and even taxes. Also, if you had to pay for additional expenses like rentals or towing, you’d also get compensated for that. Learn more about the Subaru Lemon Law Buyback Settlement Information here.
Additionally, if you took out a loan on your vehicle, the manufacturing company is required to pay it off in full to the finance company and as a result, your credit goes up. Moreover, for the stress you had to go through as a result of the accident, you can also get more money on top of the damages.
The only drawback of this option is what is known as the mileage offset and it is the right of the manufacturer to charge you for the period you drove without any issues. This is usually based on the mileage you were at on your first visit to the dealership for repairs. However, the fact they can deduct this does not mean your attorney will necessarily allow them to do that. It is possible to get them to waive this offer in full or half seeing as they sold you a defective vehicle.
The second option is called cash and keep. Here, you get to keep the car and you will keep using it but you get cash compensation from the automakers. This means that everything remains the same except that you get cash compensation for the issues you’ve endured. You also get to keep the warranty as it will not be voided or canceled.
Also, if you wish to later on sell your car, you can do so without deeming it a lemon to the next owner. However, with this offer, you must sign a form saying you wouldn’t ever submit a lawsuit against the manufacturer for this same vehicle.
And the last option is a trade-in which is also known as the replacement offer. With this, you will be getting a used vehicle as a replacement for your own lemon. This used vehicle would have the same mileage, same monetary value, and also be the same model as your own. However, with this replacement offer, you run the risk of receiving another defective vehicle as replacement.
Finally, in the state of California, lemon law is very customer-friendly as all cases are taken on contingency. This implies that you will not be required to pay any legal fees since it will be handled by the automakers. Additionally, the total settlement received will be going over to you. Your only contribution is to submit to your attorney the necessary documents needed to push your case forward.
Suzanne
PS. If you think your vehicle sucks and want to actually do something about it, you definitely can! Find out quickly if you have a case by visiting www.yourvehiclesucks.com right now. This website is owned by our partner law firm Quill & Arrow LLP, California’s #1 “settled” Lemon Law attorneys.
Free Legal Advice About Your 2022 Subaru Outback 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 California Lemon Lawyer to get proper legal advice about your lemon law claim.
Related Articles:
- Eight Things You Need To Know About California Lemon Law
- How To Avoid Buying A Lemon & What To Do If You Already Bought One
- 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case
Featured Image:
- 2022 Subaru Outback ©Dinkun Chen (CC BY-SA 4.0 License)
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