DEAR SUZANNE
By Suzanne Henderson
LETTER 131 – August 2023 | Stressed
Dear Suzanne,
Looks, style, and speed are what my 2019 Dodge Charger promised. I had been looking at this car for a while and finally decided to make the leap. But it seems like the Dodge dealership is trying to live up to their namesake; they’ve been trying to dodge me for weeks!
I purchased the Charger used and certified pre-owned at a Chrysler dealership in California. It had 19,000 miles on it at the time, and still only has about 35,000 miles on it now.
I began having issues with the car right away. I guess that should have been a red flag. I had been wanting this car for so long that I may have turned a blind eye to some early warning signs. Unfortunately I couldn’t ignore them for long.
The first issue had to do with the tires. The service department at the dealership was not of much help initially. It seemed like they didn’t want anything to do with the car. I got this feeling throughout my interactions with them.
I took it in because one of the tires was wearing out on one side. It took a lot of convincing and some back and forth before they attended to me. They were so reluctant to fix it that they first referred me to a different tire repair shop. That’s not what my warranty says, and eventually they took the car in to fix the issue.
However, the next day after fixing it, I noticed a different tire with wear on one side, so I had to go back for repairs. When I did, it was another struggle to get them to fix it. But they later did and I left.
A couple days later the same thing, another tire showing wear. That made it three different tires that wore out in the space of four days.
When I took it in this time, the service guy was more understanding compared to the first two visits. That was when he told me that the vehicle’s suspension had been modified at some point. He further suggested that this may be why the car was wearing out from the inside out. I sure would have liked to know this when I purchased the vehicle.
The guy said they would have to do something about the suspension. They called me later and explained they would have to keep my car for about a month so they could fix it properly.
When I later returned to pick up the car, they said they had fixed it and it shouldn’t give me any more problems. Forgive me for being skeptical, but I wasn’t surprised when a few days later I noticed new wearing on the front tire.
In addition to all of this, the dealership never offered me a loaner car. They first said the state of my car would determine if they can provide a loaner. If they need to keep my car, what does the state of it have to do with needing a way to get to work?
Later they said they couldn’t provide a rental because the full warranty had elapsed. They said the only way the warranty would cover this defect was if they opened up the car and could see the exact part that was affected. I knew this was false and when they tried to show me the previous owner’s records instead of the contract I had with them I decided enough was enough.
All I want now is to leave this dealership and never come back. I understand that blindly buying a car without doing research is foolish. I’ve learned my lesson. But now I really need to have the last laugh after everything this dealership has put me through.
Stressed
What’s Worse, Your 2019 Dodge Challenger Or Your Dealership?
Dear Stressed,
Thank you for sharing your story, and I’m so sorry the dealership treated you so poorly. From holding back info about the suspension to playing games with the rental, you’ve been put through the ringer. Hopefully I can help put things in perspective and give you the info you need to make an informed decision.
Know Your Warranty
First of all let’s clear up any confusion about the warranty. When you purchased the car at 19,000 miles that included the manufacturer’s bumper-to-bumper warranty. This is typically 3 years/ 36,000 miles, but check your warranty to be sure. If you were under those miles there was no reason why they denied service for a suspension issue.
This could be an unintended error on their part. Or they were looking for an excuse to charge you for unnecessary repairs. I would be wary of them from here on out. Unfortunately I have to encourage you to go back to the dealership if you have any more car problems. Every repair order strengthens your case.
Now, with lemon law, your attorney is going directly against the manufacturer who in your case is Chrysler. And the claim is that they sold this vehicle to you defective. Also, given that you have had all these issues with the car, it shows it’s a lemon.
Lemon Law Qualifications
To be deemed a lemon you need at least two visits to the dealership for the same issue or at least three visits for different issues. If in a single visit you had to leave your vehicle at the dealership for over a month, this counts as well. All of these repairs must have occurred while under the manufacturer’s warranty.
Gather all relevant documents as early as you can. The purchase agreement and warranty help establish the terms of what should be covered. The repair orders and any communication with the dealership will help strengthen your case. Most manufacturers settle out of court, but if it goes to trial it may take between 3 to 7 months depending on how fast Chrysler wants the case resolved.
Now all in all it seems like you have a solid case. The next step for you is to decide what you want to do with the car. Once your car is deemed a lemon, you have a few different options:
Compensation Options
This option is generally the least favorable option as there’s a chance to end up with another lemon. The replacement offer swaps your vehicle with another that has similar mileage, value, and model as yours. The manufacturers are definitely not going to give something of more value. But if you love that make, model, year, etc. and want to continue driving it, this may be the option for you.
This is another option where you can keep the vehicle and receive cash compensation from the manufacturers. This offer comes with the option of retaining your original warranty on the vehicle. You also get to sell the car later on, if you so wish, without deeming it a lemon to the next owner.
Before the automakers give you the cash, you must first sign a waiver form stating that you won’t pursue a lemon law case against them for the same car. This means that if you have any new issues, you will not have the option of filing another claim.
This is the third and often most profitable option for the lemon owner. The manufacturers buy back the car from you and refund all that you paid for the car. They pay you for costs like down payment, monthly payments, taxes, and interest.
If you took out a loan on the car, the automakers would refund that directly to the finance company. As such, you don’t have to worry about your credit receiving a negative rating. And if your attorney can prove that the vehicle defects inconvenienced you more than usual, you may be entitled to more compensation.
With the buyback there is a provision attached called the mileage offset. The mileage offset is the right of the automakers to charge you for the period you drove the car without any issues. This is usually based on the mileage you were at when you noticed the first problem and took it in for repairs.
This mileage offset is an attempt by the manufacturers to cut down the amount you stand to get. Since you were back at the dealership a month after you bought it, there isn’t much they can deduct. Even if they try to, your attorney can argue for a waiver of this offset in half or in full. Additional details on the Dodge buyback process, how it operates, qualification standards, models included, persistent vehicle defects reported, and Lemon Law case examples.
Since you purchased your vehicle in consumer-friendly California, you enjoy certain benefits. One is the opportunity to have your lemon law case taken on full contingency. In simple terms, it means that you do not need to pay the costs of hiring a lemon law attorney. Rather, the manufacturers are the ones responsible for paying the legal fees. This means the entire original settlement goes straight to you.
If you have any more questions make sure to consult with your attorney, they will walk you through the entire process. Best of luck and always keep a fire extinguisher in the car!
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 2019 Dodge Charger 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 California Lemon Lawyer to get proper legal advice about your lemon law claim.
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Featured Image:
- 2019 Dodge Charger ©Raf24~commonswiki (CC BY-SA 4.0 License)
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