My 2019 Volkswagen Jetta Is An Oven On Wheels

DEAR SUZANNE

By Suzanne Henderson
LETTER 152 – November 2023 | Unhappy Owner in Union City

Dear Suzanne,

Last year, I bought a brand-new 2019 Volkswagen Jetta. The plan was to use the car for a while before handing it over to my daughter. She’s headed to college so I figured it would be best if she didn’t have to worry about transportation and getting around town. However, I never had the opportunity to do this because compared to this car and all the problems we’ve had, public transportation is 100x more reliable.

In the short period that I’ve owned this vehicle it’s given me too many problems to count, and today was no different. My tire exploded while I was driving on the freeway and this almost caused me to lose control of the car. Thank God I was able to regain control or else I’d be telling you a different story.

Problems Started Small

Let me start from the beginning, because I have had several reasons to take my car in for repairs. For the first visit, the issue was fairly minor. The sun visor flew off for no reason, and they had to replace it.

The annoying thing is that after this first time, every other time I take the car in the dealer says they’ve fixed the issue even though I don’t notice a difference. It feels like they are gaslighting me.

Now, the thing is I have two years left on the warranty. By next year I should complete the monthly payments on the car, but I’m not very enthusiastic about it. The last thing I want is a defective vehicle, especially if I’m going to hand the car to my kid.

You know, these issues plaguing my vehicle first began as minor problems. Over time they turned out to be much worse than they seemed.

Air Conditioning Gives Up

Now, there were a lot of problems, but the one that gave me the most issue was the faulty AC that kept blowing hot air. Whenever I turned on the AC, it felt like I was sitting in an oven waiting to get baked, and let me tell you, that’s not a great feeling.

I complained about this to the dealer and they claimed they fixed it, but the thing was still blowing hot air. When I couldn’t take it anymore, I returned to complain to them, but they told me they couldn’t do anything about it since they had already done what they knew. In other words, I was stuck driving an oven.

The straw that broke the camel’s back came when I was stuck in traffic. We had the windows rolled down and the AC on full blast, but it felt like there was no cool breeze circulating and I was sweating profusely. My youngest was in the back seat and he kept yelling in my ears about the heat.

I got tired of this and went to dump my car at the repair shop. I told them it was either the vehicle remained there with them or they found a solution as soon as possible. I think that was the prompt they needed because they called me a couple of days after saying they had resolved the problem. I thought it was gonna be like the last time but it was for real; my car blows cool air now.

Issues Begin to Multiply

However, my car troubles did not end there, as this seemed to begin a new cascade of issues. Not long after I drove my car out of the dealership, the infotainment system began malfunctioning. I first noticed this when I tried connecting my phone via Bluetooth to play some music. No sound came out but the screen showed that something was playing.

After multiple attempts to make it produce sound, I tried using the navigation feature of the infotainment system but it wasn’t working either. Next, I tried the radio and it was the same result. I then concluded that the whole infotainment system was faulty so I reported this to the dealer. They were like “Ohhh it’s the cable that’s faulty”. So they said they would have to do an update to the software program which they did. It’s better, but the infotainment system still glitches out every once in a while.

After dealing with all of these issues, I don’t think it’s smart to hand over this vehicle to anyone, especially my daughter. If it was up to me I would send it back to the manufacturer, and I heard lemon law might be able to help with that.

 
Unhappy Owner in Union City

The Lemon Law Makes Things More Bearable

Not-so-happy Owner,

I understand your frustration. It’s unfortunate that what should have been an amazing gift to your daughter was ruined by poor assembly on the part of the automakers. You still have relatively low mileage on your car being a 2019 model, so you shouldn’t be having these constant problems. This is where the lemon law comes in and makes an otherwise bad situation a little more bearable.

Lemon Law Qualifications

The way lemon law works is that for you to qualify, your vehicle must have gone to the dealership at least twice for the same issues or three times for different issues. These visits must all have occurred while within the manufacturer’s warranty. Considering you have had many visits to the dealer, you very much qualify for a lemon case.

As your lawyer proceeds with your case, you are more than welcome to keep taking your VW car in for any problems that arise. This helps boost your case while also increasing the settlement amount you would get. In other words, the more visits you have, the more evidence you have, the stronger your case, and the more money in your pocket as well.

It’s important to note that having a defective vehicle is sometimes not the fault of the dealership but that of the automakers. The dealer can only wrap a band-aid around any defective car that the manufacturers built in the first place. Also, the dealership’s hands can sometimes be tied as they cannot carry out any repairs on the vehicle unless the automakers give the go-ahead. But in your case, both the dealership and the manufacturer seem to be at fault.

The good thing now is that since you have low mileage, there’s a lot of wiggle room as to what your attorney can do for you. It is best to get things started as soon as possible to avoid any form of pushback or deduction from Volkswagen. With that said, there are three options available to you as a lemon owner.

Settlement Options

The first option we’ll talk about is called the buyback. In simple terms, it involves the manufacturers buying the vehicle back from you while paying what you spent on the car. This includes your down payment and monthly payments, your taxes and any interest paid. Also, if you took out a loan on the vehicle, they pay off the loan on your behalf. This means your credit isn’t affected or actually improves.

The only deduction that Volkswagen can take from a buyback settlement is called the mileage offset. The mileage offset gives the manufacturer a right to charge you for the period you drove the car without any issues. This is usually based on the miles you were at during your first visit.

Since you said you first took it in about two to three months after you purchased it, there isn’t much they can deduct. Regardless of whether it’s a small amount or not, your lawyer may be able to get them to waive it in half or in full.

 
The second option is called the cash and keep. It is cash compensation for the issues you experienced with the car. With this option you keep the vehicle and your warranty stays intact. If you later decide to sell the vehicle, you can do so without labeling it a lemon to the next owner.

There is also a third option called the replacement offer, but it’s probably the least popular and least recommended option. With this, the automakers give you another vehicle as a replacement for the one you have right now. This replacement vehicle would be close to the same mileage, same price, and same model as yours. The issue is you run the risk of getting a defective car once again when you trade your car in. It also limits the amount of compensation your attorney can get for you, since you’re supposedly receiving a functioning vehicle to replace the lemon.

Lemon Law Tips

Besides the above-mentioned options, another great thing about lemon law cases in California is that they are all taken on a “no win-no fee” basis. This means that you are not required to pay any attorney fees, win or lose. The manufacturer is responsible for covering all of that. Thus, you are the sole recipient of the original settlement won so you don’t have to share with anyone.

Be sure to keep up with your vehicle. If you need to take it to the dealership for repairs, do not hesitate. Every repair order strengthens your case and increases the potential compensation available to you. Just make sure all your visits are well-documented.

I hope I was able to help you figure out your next few steps. If you have any other questions be sure to contact your attorney, they’re there to help. Best of luck!

 
Suzanne

Free Legal Advice About Your 2021 Ford Mustang 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 help@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: 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 Law Attorney to get proper legal advice about your lemon law claim.

 
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Featured Image:

• 2021 Ford Mustang ©Elise240SX (CC BY-SA 4.0 License)