DEAR SUZANNE
By Suzanne Henderson
LETTER 133 – August 2023 | Outraged
Dear Suzanne,
When you work as a teacher at an elementary school you have little room for error. It is necessary to be very careful around the kids, because any little mistake can bloom into a much bigger problem.
This is why I put a lot of thought into purchasing my 2020 Infiniti QX60. Everyone’s had car troubles before, but now I need a dependable ride so I can be there for the kids. I purchased it used and certified pre-owned with 22,500 miles. It came with an unlimited mileage warranty, but I made sure I got assurance from the dealer that the car was not defective.
I asked about this because the school often organizes trips for the kids, and sometimes the only school bus may not fit them all. I wanted to help by having a car of my own that could help with their transportation. This was one of the many reasons why I went ahead with the vehicle.
However, I didn’t realize the many ways a car could be defective. I purchased the car about a month back and have only added about a thousand miles on it. How could a car only a month out of the Infiniti dealership show such serious defects?
I have taken the car back to the dealership for repairs a couple of times this month. The defects have to do with both mechanical and tire issues.
A BURNING SMELL
The first issue came up the fifth day after I drove it out of the car lot. It had to do with a burning smell coming from the engine. At first I thought it was something that would pass. But when I noticed the smell was persistent, I decided to take the car for repairs at the dealership.
At the dealership, I blasted them for selling me a car that was giving me issues only a week after its purchase. I told them I wasn’t willing to keep this car as this issue felt like the first of many to come.
When I said this, they agreed – or so I thought – but they said I wouldn’t be getting the full price I paid for the car. Rather, they would only give me half of the market price I paid. I was furious. Half the value gone and I haven’t owned the Infiniti for a week?! Their offer is ridiculous because they don’t want this piece of junk and would rather let the owner deal with it.
Anyways, I refused the offer. So they said they would check the car for the cause of the smell. They found out that it was the dipstick of the oil that was to blame. I think they then changed it and the car was okay for a while.
Fast forward to a couple of weeks later to when the problem decided to show up again. Days before I proposed to the school an excursion for the kids, which got approved. Means of transportation used to be an issue, but since I offered my car it was no longer a problem. Luckily, the remaining kids that couldn’t fit into the bus fit perfectly in the back of my Infiniti QX60, and I am back to loving this car.
OIL SMELL SELLS ME OUT
So we set out for our destination. When we were almost there, I got a hint of a burning smell. It seemed like the kids had not noticed it so I felt it was maybe my head playing tricks on me.
However, not long after, one of the kids noticed it and called attention to it. I tried calming them down and told them it was nothing to worry about. But how do you explain to a group of little kids that there was a burning smell, but no fire?
As a result of all the panic and tantrums, I had to pull over to check under the hood of the engine. It was quick and when they saw there was no problem they calmed down a little bit, especially since we were already close to our destination. I hopped back in and we were there in a couple minutes.
The whole time we were walking around I was dreading the trip back, since the burning smell would most likely be an issue again. And as I predicted, it was. I had a harder time soothing them on the way back because the smell had become a little more intense.
I was very relieved when we got back to the school in one piece. Right after we got back, I called the tow truck company to come take my truck to the dealership. Then I ordered a ride at the end of the day to take me home.
WHERE THERE’S SMOKE…
The following day after getting to school, I was called to the principal’s office. I had an idea why. Apparently, one of the kids had told his parents what happened during the trip and the parent came to file a complaint. The complaint had to do with ‘endangering’ the lives of the kids which to be fair, they didn’t know if the vehicle could catch fire or what. Neither did I!
Since the principal had to do something to pacify the parent, I was penalized for it. I was pained by this, but like I said, it was what any parent would do if in their shoes.
I was mostly upset because this wasn’t something within my control. If it had been a safety issue I was ignoring, that would be different. And if the dealership had accepted my request to return the car, none of this would have happened. I never even told you about the tire issue where they were deflating overnight to the point where I had to drive straight to the gas station to fill up with air.
I guess the silver lining is I still have my job and the principal is understanding. But they may not be next time, which is why I have to do something soon.
I’ve been stressed and embarrassed because of this car. I really want to get back at the dealership and manufacturers for selling such a piece of junk. This is my first time pursuing a lemon law case so what options are available to me?
Outraged
Your Infiniti QX60 Threw You Under The Bus
Dear Outraged,
I understand why you’re so mad at the dealership. They can be annoying especially when disregard your complaints. I know how tough it is when it’s just you riding in the vehicle, but when you’re responsible for your students safety, it can be frustrating. I hope I can provide some advice as to where to go from here. Lemon Law can be complicated so I’ll break down the qualifications here.
LEMON LAW QUALIFICATIONS
You’ll be glad to hear that you most likely qualify for a lemon law case. This is because all you need is 2 repairs at the dealership concerning the same issues. It could also be three repairs or more for different problems. These visits must occur while under the manufacturer’s warranty. Seeing as you meet these requirements, you have a solid case.
The thing about defective vehicles like yours is that if you experience issues so early on, it usually just gets worse from there. Since your vehicle is at around 23,500 miles, it’s not old enough to be having this many problems. You most likely will have more challenges after the warranty expires, and by then it will be up to you to fix the repairs out of pocket.
WARRANTY EXPECTATIONS
Be it tire issues or mechanical system malfunctions, no car should have any problems within the warranty period. The warranty is there just in case you need it but the vehicle is expected to be reliable at least that long. It’s typically used to cover maintenance like oil changes and such.
Oftentimes any fault you are experiencing with your vehicle is not necessarily the fault of the dealership. They are usually doing the best they can, and if a car is defective it’s the manufacturer that’s to blame. If the vehicle is built wrong, there’s not a lot the dealership can do.
Now there are a couple of options available to you once your vehicle’s deemed a lemon. You can discuss this further with your lawyer before making a decision and getting your case started. It’s best to get started as soon as possible while your car is at very low mileage.
SETTLEMENT OPTIONS
After your case is won or settled you have a few options. The more popular, consumer friendly options are the buyback and the cash and keep.
If you opt for the cash and keep, you are able to keep the car and your warranty remains valid. This means you can still visit the dealership for any further issues. You will receive some cash as compensation for the problems you dealt with during the time you owned the car. If you later wish to sell off the vehicle, you can do so without deeming it a lemon to the next owner.
The money the automakers offer varies from case to case. In general, the cash amount is dependent on the number of times you took your car in, the type of issues, and how severe those defects are. These are the major factors that determine your settlement for the cash and keep.
The second option is called the buyback or repurchase offer. Here, as the name implies, the automakers would buy back the vehicle from you. You would get back all the money you have ever spent on the car.
This would include your down payment, monthly payments, and even your taxes and interest are included. Moreover, you would get a refund for any further miscellaneous fees, if any, like Uber costs, tow fees, etc. If you took out a loan for the car, they would pay that off as well.
With this option there is a clause known as the mileage offset. This mileage offset refers to the automakers’ right to charge you for the period you drove the car without any issues. It is usually based on the number of miles you were at during your first visit.
Seeing as you took your vehicle only a few days after its purchase, the mileage offset would have very little effect on your buyback. More than likely your attorney would have the offset waived in full or half.
WHAT DOES IT COST
The good news about lemon cases in California is that you don’t have to pay any attorney fees. Lemon cases are usually taken on a contingency basis. This is because legally in California, the manufacturing company is in charge of settling the law firm’s fees. Hence, 100% of the original settlement will be going over to you.
Now, pending the time when your case gets settled, it is important to continue making payments on the car. This is to avoid any pushback from the manufacturers. If you have any more issues with the car, keep taking it in for repairs and make sure they give you accurate repair orders.
Keep a low profile about your lemon case initially. You wouldn’t be the first person the dealership withheld documents from. If you have any further questions reach out to your attorney. I wish you the best of luck in your case!
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 2020 Infiniti QX60 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.
Related Articles:
- 2022 Infiniti QX60 Is A Navigational Nightmare
- Eight Things You Need To Know About California Lemon Law
- How To Avoid Buying A Lemon & What To Do If You Already Bought One
Featured Image:
- 2020 Infiniti QX60 ©MercurySable99 (CC BY-SA 4.0 License)
