Faulty 2021 Cadillac Escalade Embarrasses Owner

DEAR SUZANNE

By Suzanne Henderson
LETTER 22 – June 2022 | Escalating Embarrassment in Encino

I Have to Call a Car Service to Take Important Guests to Our Destinations

Dear Suzanne,

I have a 2021 Cadillac Escalade. While it was purchased certified pre-owned, it’s basically a brand new vehicle. It only had 2000 miles on it when I bought it, and now it’s only at 10,000 miles.
 

Water in the Tank

Not long after I purchased the Escalade, it started experiencing all sorts of problems. The dashboard system would go dark, it would lose power, not accelerate when you pressed the gas, and would sputter. When I took it into the dealership at 6,000 miles, they found there was water in the tank. Since it’s a diesel engine, water does not mix and instead settles, causing all sorts of problems.

Broken Gas Tank

I thought they had fixed the problem, but a bit later I needed to take it back into the Cadillac dealership for the same sort of problems. When they looked at the Escalade this time, they found that the flapper valve on the gas tank had broken off – possibly lost inside of the tank? – the coil inside was also gone, and again, there was water mixed in with the diesel. It’s been at the dealership for two weeks now while they’re trying to fix the problems.

This just simply won’t do for me. I had purchased this car for my 90 year old mother, since she had always wanted a Caddy, but she doesn’t go out very much anymore, so I’m the primary driver. I don’t want to sound like I’m bragging, but my work and my lifestyle are relatively high-end, so it’s normal for me to have celebrities, politicians, and important business people in my car. That was part of the reason why I purchased this “high class” luxury vehicle. It’s so embarrassing and unprofessional when I have to call a car service to take myself and important guests to our destinations.

Out of Warranty?

Because of this, I had hoped there would be a relatively simple fix to the Escalade’s problems, so I could get it back on the road soon. However, I got a call from the dealership today that they wanted $6,000 to take out the gas tank, drain the system, let it all dry out, and replace it. When I bought it, I was told I would be covered under the manufacturer’s warranty for 50,000 miles or four years, and even longer on the powertrain. I’ve only got 10,000 miles, so I don’t understand why this repair wouldn’t be covered. No one at the dealership could explain it to me, aside from calling it an “out of warranty repair.”

I just want to be done with this vehicle. It’s not doing me any good, and I most certainly don’t trust it to be safe for my mother. I’ve seen friends get their money back for these so-called lemon vehicles, but they’ve always purchased brand new ones. Could I be eligible for this lemon thing if it’s a pre-owned vehicle?

Escalating Embarrassment in Encino

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Your Repair Documentation is Your Evidence

Dear Escalating,

Cadillacs are not usually known for defective issues, but when it happens, it’s usually a bad one. Based on the information you told me, your case is just on the cusp of qualifying for California’s lemon law. You are definitely going to want to consult with a knowledgeable lemon law attorney on this one.
 

 
Now, I don’t see why the dealership wouldn’t cover your second repair under the manufacturer’s warranty, but it’s not an uncommon occurrence.

Minimum Repair Visits

Generally, to qualify for lemon law, you need to have at least two repairs for the same issue covered by the manufacturer’s warranty. If the dealership were to cover your second repair, then it would clearly meet the minimum criteria. However, in some cases a claim could prove to be successful when a repair that should have been covered under the warranty was not.

Luckily, you are still within what is called the lemon law presumption period. For the first 18 months or 18,000 miles (whichever comes first), if your vehicle meets certain factors, then it is automatically presumed to be a lemon, putting the onus on the manufacturer to prove that it is not, rather than on you to prove that it is.

Criteria to Qualify

For this, it just needs to meet any one of the following criteria:

• At least two repairs were made to your vehicle for a critical safety defect that may cause serious bodily injury or death;
• At least four repairs were done on your vehicle for a singular defect that is deemed a non-serious safety defect or issue;
• The vehicle was kept in the repair shop and out of service for at least 30 days (cumulative) for any combination of defects or issues.

From the sounds of things, yours has met that first criteria. But since you are at the minimum, there are likely to be counter claims from the manufacturer. This is why it’s imperative that you contact a knowledgeable lemon law attorney. They are going to be able to review your documentation and help you determine the best course of action throughout the process.

Read more about the Cadillac Lemon Law buyback settlement option, how it works, eligibility criteria, affected models, common defects, and case examples.

Time Frame

Since your mileage is so low, you can also help your attorney by strengthening your case. A typical lemon law claim takes between three and seven months to complete. During this time, you should take your Escalade back into the dealership for any complaints you might have, as often as you’re able to. In a lemon law claim, your repair documentation is your evidence, and the more of it the better. Don’t hesitate. Anytime you notice an issue, bring the vehicle to the dealership, and be sure that they give you a written report of your issues and their repairs. This will only help improve your case.

 
Suzanne
 
PS. Cadillac is a division of General Motors Company (GM). Additional details on the GM Lemon Law process, how it operates, qualification standards, models included, persistent vehicle defects reported, and Lemon Law case examples.
 

Free Legal Advice About Your 2021 Cadillac Escalade 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 [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:

• California Lemon Law FAQs
• General Motors (GM) Lemon Law Buyback Settlement Information
• Does Lemon Law Apply To Used Cars In California?

Featured Image: 2021 Cadillac Escalade © 2007DodgeRam (CC BY-SA 4.0 License)