DEAR SUZANNE
By Suzanne Henderson
LETTER 132 – August 2023 | Enthusiastic But Disappointed
Dear Suzanne,
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When I decided on the Land Rover Discovery, I was ecstatic. It was all I could talk about for days until I finally leased the 2020 model. It had all the qualities I was looking for in a car: spacious (for my kids), road presence, style, and everything else I wanted. It was also perfect for my job as a lawyer; classy enough but not too shiny.
I leased it brand new and the lease will expire by next January. The car now has a current mileage ranging between 30,000 to 35,000 miles.
Everything seemed fine at first. It drove like a new car and I thought it was one of the better vehicles I had owned. But in the span of a month the Land Rover had to go to the Land Rover dealership 3 times. All of these visits had to do with defective doors that would lock on their own.
DOOR LOCK DISASTER
The first time I went in, the car had a mileage of about 20,000. What happened was both the front and rear doors got locked for no reason and refused to open. Making matters worse, my kids were still in the car when this happened. I tried without success to force the door open over and over. It was everything I could do to not panic.
They are really young kids so it was impossible to get them to try unlocking it from the inside. Since the windows were up I was beginning to worry that they could suffocate. I soon realized I wasn’t going to be able to do this on my own, so I called the police.
They sent a firetruck which at first didn’t make any sense. They later explained they carried the tools to get people out of cars in case of an accident. Within a few seconds they had popped the door right open. I’ve never been so relieved in my life. After hugging my kids for a while, I finally called the dealership so they could figure out what was wrong with my Land Rover.
They sent a truck to tow my Discovery back to the dealership. When I explained what had happened the tow truck driver said he hadn’t heard of this issue before, and he’s seen a lot. I grabbed the car seats and put them in my friend’s car and we followed the tow truck back to the dealership.
As soon as we arrived the service guy went straight to work on the doors and was finally able to unlock them. I told him to check all the doors to make sure the same issue did not come up again, and he promised to do so. They told me to come back the next day.
I don’t know the exact thing they did to fix it, I only know when I got back, they said they had fixed it. I know they didn’t replace the door, they only fixed a part of the door. I knew this because they later sent me a video detailing how they fixed it.
FOOL ME TWICE
About two weeks after this visit another incident happened that again got my kids locked in the car. The strange thing was this time it was a different door that triggered them all to lock. The first time felt very random but now, it just felt ridiculous.
After this visit, the dealership asked me to bring the car in so I would file a claim against the automakers. In fact, they encouraged me to do so. They said they had never seen a case like mine and this defect should be noted and dealt with.
They told me to bring my car in at least three times before they can file a claim on my behalf. That is, if the automakers call in, they can tell them about my car. I really didn’t want to take my car back to the dealership again because I was tired of these unnecessary visits. However, I didn’t want to ruin the claim, so in the end, I took it in.
This time after fixing it, the dealership sent me a bill of $120 along with another video. In this video I see the service guy opening up the side of the car door and taking out a Lego piece. Then he exclaims “Oh my God! We found it!”.
MANUFACTURER PLAYING GAMES
After taking out the Lego piece, the guy then brought out a peg from the door. He said the peg had wear and tear signs on it. As such, they would have to replace it and that was what they billed me for.
When I went to pick up my car, I threw a tantrum because I was angry it took them so long to find out the cause. If the Lego had been the issue this whole time, why are they just finding out on the third visit? What were they doing the first two visits? I remember emphasizing that they check inside each door.
When I calmed down they said that if I was tired of the car, I could always file for an early termination of my lease. I have a lot of money down on the vehicle already and I have nothing to gain by canceling my lease early. They know this so I’m not sure why this would be better any better than keeping the car as is.
Furthermore, I don’t particularly hate the car. In fact, I can live with it so long as this issue gets a permanent fix. If they can get me a replacement vehicle that isn’t defective then I’d be a happy camper. I definitely don’t want an early termination of my lease, but other than that, I’m open to other options.
I would have loved to do something to hold the automakers responsible on my own but I don’t have the time. I’m not totally familiar with lemon law so any information or advice would be greatly appreciated.
Enthusiastic But Disappointed
Your 2020 Land Rover Discovery Needs To Look Before It Locks
Dear Enthusiastic But Disappointed,
Sorry to hear that your vehicle was not everything you expected it to be. And I’m especially sorry to hear about the incidents where your vehicle locked for no reason. I agree with the tow truck driver, this isn’t a common problem I’ve heard about, but it sure sounds scary. The dealership billing you and claiming you were at fault sounds fishy. I can’t guarantee you won’t have to visit them again, but hopefully I can help you figure out what to do next.
HOW LEMON LAW WORKS
The way that lemon law works in the state of California is that you need a minimum of two visits to the dealer regarding the same issue for you to qualify. You can also have three or more visits to the dealership for different issues. Even a single visit can qualify if the dealership kept your car for 30 days or longer.
Because of your multiple visits, I’d say you have the makings of a lemon law case. Where you go from here depends on what you want to do with the car and how long the manufacturers want to drag it out.
Depending on whether you wish to keep the car or not, there are a couple of different options for you to choose from. This is because you have relatively low miles on your vehicle. As such your issues all occurred within the warranty period. But to be on the safe side, it’s best to begin your case as soon as possible. This is to avoid any sort of pushback or deduction by the manufacturers.
Also, considering you already had contact with the carmakers and they were unresponsive, your attorney can put that to good use. You can get a better deal this way.
The common options offered by the manufacturers are the buyback and the cash and keep. You don’t need to decide now, but the earlier the better for your attorney so they know what to fight for.
SETTLEMENT OPTIONS
The buyback gets the manufacturers to repurchase your vehicle. They buy back the car from you and give you back all the money you spent on the car. This usually includes the down payment, monthly payments, taxes, interest, and other miscellaneous costs. If you took out a loan on the car, the automakers would have to pay that off for you and your credit won’t be negatively affected.
The only deduction they can take off of the settlement is something called the mileage offset. This just means that the manufacturer has the right to charge you for the period you drove the car with zero issues. They will base this offset on the number of miles the car had when you first took it in.
Now, with 27,000 miles give or take, these issues began early on. As a result, the manufacturers may not have a lot they can deduct from the buyback. Regardless of the amount your attorney can get them to waive it for you in half or in full.
The second option is called the cash and keep. This option might be for you because it allows you to keep the vehicle till the end of your lease. The cash and keep offer means you keep the vehicle and receive cash as compensation for the issues you dealt with. With this option, the original warranty will remain on the car and won’t be canceled. If you end up purchasing the car and later wish to sell it, you can do so without deeming the car a lemon to the new buyer.
LEMON LAW TIPS
Pursuing a lemon law case in California has its advantages. This has to do with attorney fees, or lack of them. This is because in California, your attorney takes your lemon law claim on contingency. This means the attorneys only collect fees if they win, and they collect those fees from the manufacturer. As a result, you get to keep 100% of the original settlement won.
Make sure you gather the paperwork for each visit you had along with any other related documents. I know you don’t want to hear this, but if you have any other issues with the Land Rover, you need to bring it back to the dealership. This is because every visit strengthens your case. Just make sure you get accurate repair orders for those visits.
If you need further clarification on anything, reach out to your attorney. I hope you’re able to get the compensation you deserve!
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 Land Rover 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: 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:
- 2020 Land Rover ©Vauxford (CC BY-SA 4.0 License)
