DEAR SUZANNE
By Suzanne Henderson
LETTER 95 – February 2023 | Sad and Pissed
Dear Suzanne,
In your opinion, what do you think is worse than being unemployed? For me, it is missing a job interview that you know you are more than qualified for. You may wonder how this relates to the issues I’ve been having with my car but I will get to that quite soon. Here’s my story.
I am an unemployed father who recently got a job opportunity/interview with a 90% probability of getting the job. This was something I had been searching for for a very long while and so when I finally secured the interview, I was ecstatic as I thought this was finally the end to my search. However, I couldn’t have been more wrong.
Now, I own a 2021 Jeep Wrangler 4XE with only about 23,500 miles on it. This car of mine was purchased certified pre-owned with 5000 miles on it at the time and since I purchased it, I have never had any accidents with it. However, I have taken it twice for repairs at the Jeep dealership.
It all first began at 23,000 miles with random occurrences of power losses and the car just shutting down for no reason. I had been battling this issue before but I didn’t really take it as anything serious until I received a recall letter from Jeep asking me to take my car in. Thus, my very first visit was a result of this recall issued by the automakers for most 2021 Wrangler models due to the car shutting down on its own.
When I took my car in, I was thinking it would be a simple repair and I would be able to take my car home that same day. However, it was not until about a month after that I got called back to pick up my car.
The day I went to pick up the car was also the day of the job interview so my plan was to get to the dealership, get my car and go for the interview. Unfortunately, things began to go downhill from thereon. Immediately after I received the car, I noticed a couple of things that were off.
The first was that the hybrid charging module had gotten damaged in the process of repairing the car. As if this wasn’t enough damage, I also discovered that my radio was no longer functioning properly due to some electrical issues. Also, the check engine light was on.
I reported all these to the dealership even before I left so they told me to wait a little bit so they could quickly fix it. They assured me that it wouldn’t take long so I wouldn’t be late for the interview so I agreed to wait. Eventually, they finished and everything seemed fine with my car so I left.
As I was on my way to the interview, I suddenly noticed that the check engine light came on again. Then, my car slowly began decelerating and losing power until it finally shut off on its own. I was worried because it was already getting late for my appointment but I couldn’t just leave my car by the roadside. I called the dealership to let them know what was going on and they said they would be there as soon as possible.
My plan was that the moment they reached where I was, I would leave the car with them and be on my way. However, this got ruined by them as they took longer than an hour before getting there. And by that time, I was already very late for the appointment.
Regardless of this, I went to the location for the appointment with the hope that I would be able to explain things to them. But, unfortunately, I was told that since I couldn’t get to an appointment on time, how then could I be trusted to be punctual if I secured the job? And so that was how I lost a potential job because of a car that I once thought was trustworthy.
It is so sad because now I’m back to searching for jobs and being unable to provide for my family. I wouldn’t mind discarding the car as it gets me upset everytime I see it.
Sad And Pissed.
Your Dealership Is Also To Blame For This
Dear Sad And Pissed,
I totally understand your anger as this situation could have been avoided if only your car was fixed earlier. Also, your dealership could have helped you out by getting to you earlier than they did. Now, more or less, both the manufacturers and the dealership are to blame and so your attorney will take this into account when taking on your Jeep lemon law case.
That said, the way that lemon law works in the state of California is that if your vehicle has been to the dealership at least twice regarding the same issues or three times regarding different issues, then it is unfortunately deemed a lemon. But the good thing though is that it makes you qualified for lemon law.
Now, there are a couple different things to note. One is that when it comes to recalls, your attorney cannot make use of visits relating to that unless on special occasions like yours. Thus, it only counts when the issue leading to the recall reoccurs, thereby, leading to another visit to the dealership, just as in your case.
The thing is with recalls, it’s more or less like the manufacturers accepting their faults and willing to fix the problem with no charge to you. So if they say they have fixed the issue, then it shouldn’t come up again. However, it becomes a whole different issue if the problem resurfaces.
That said, your vehicle definitely does qualify for lemon law especially considering that you have very low mileage and are still within the warranty period. This is important to note as lemon law only covers manufacturer warranty and nothing extended. The manufacturer warranty on your vehicle for anything basic including electrical, power steering, and brakes is 3 years or 36k miles. Whereas, the powertrain which covers engine and transmission issues lasts for 5 years or 60,000 miles.
Now, depending on whether you wish to keep or discard the vehicle, there are a couple of options open to you. But it is best to get things started as soon as possible while you’re still within the warranty period in order to avoid any more deductions or hassle from the automakers.
With the jeep you have, these models are actually pretty new and beautiful but unfortunately, it is most probable that almost every one of these models manufactured have the same issues. And so it is evident that you are definitely not the only one affected by these issues.
So there are two different options. One is the buyback and the second is called the cash and keep.
The buyback, simply put, is where the manufacturers buy back the vehicle from you and they pay you out everything you’ve paid towards the vehicle. Thus, your down payment, monthly payments, and even taxes and interest would be included as well. Also, if you took out a loan on the vehicle, the manufacturers would have to pay that off for you and on the plus side, your credit goes up.
Now, for any aftermarket parts purchased, the automakers would not be refunding that. This is because they were purchased from third parties outside of the vehicle purchase. However, your attorney can try to get additional money on top of the main settlement in order to compensate for things like that.
That said, the only deduction that can be taken from this offer is called the mileage offset. This just means that the manufacturers have the right to charge you for the miles you drove the car without any issues. And this will be calculated based on the number of miles you were at during your first visit.
You mentioned that this mileage was around 23,000 which is great. But regardless of if it’s a big or small amount, your attorney can get them to waive this in full or half because you were sold a defective vehicle and the main goal is to get you as many pennies as possible with regards to them doing so.
The second option is the cash and keep which is where the manufacturers give you cash compensation for the issues you’ve been experiencing with the car while you still keep it. With this option, you’re obviously more than welcome to keep the car and your warranty will not be voided or canceled. And if you later decide to sell the vehicle down the line, you can do so without deeming it a lemon to the next owner.
The way they determine the settlement amount discharged is based on a couple of different criteria. A major criteria is the car mileage, the number of visits, the type of issues that you’re having, and lastly, the number of days your vehicle spent at the dealership.
Furthermore, although you have enough visits to qualify, it is expedient that you keep taking your car in for repairs as many times as you can before the warranty gives out. This is because the more visits you have, the stronger the case, the higher the value, and the more money in your pocket at the end of it all.
Lastly, the good thing about purchasing your car in California is that it is a very consumer-friendly state. As a result, your attorney will be taking your lemon case fully on contingency, i.e, you will not be billed for any legal fees and this will be for either win or lose. This is because the manufacturer is legally bound to pay the attorney fees and not only that but 100% of the settlement will be going over to you.
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 2021 Jeep 4XE 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 [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.
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Featured Image:
- 2021 Jeep 4XE ©The White House (Public Domain)
