DEAR SUZANNE
By Suzanne Henderson
LETTER 52 – October 2022 | Manipulated
Dear Suzanne,
I own a 2021 Audi Q5 which I purchased new from an Audi dealership. It presently has about 10,000 miles on it. I’m just so frustrated with it. For a car I purchased for $60,000, I have experienced nothing but problems with it.
The problems began the very first day I picked up the car from the dealership. As soon as I got home from the dealer, I discovered there were issues with the mirrors in which they failed to fold. I took it back to the dealership so they could diagnose the problem. There was no write-up on this issue, they simply fixed it and that was it.
Since then, I have gone back to fix this same issue two or three more times. Also, after this first problem, it became a series of battling one defect or the other.
My car has been to the dealership four times already for the same issues and these issues have never for once been corrected. As if that is not enough, every single time I got back from the dealership, there was a new issue added to the ones on ground already. Now, my car has been at the dealership for two weeks for the same issues, and now has some new issues on top of that.
When everything first began, after the first or second visit, I called Audi and spoke with an operative who claimed she’d get back to me on the matter. I still haven’t received a response. I was frustrated so I called them again the other day, and spoke with a different operative who said the same thing, and never contacted me. At this point, I was just mad and frustrated, what a callous and nonchalant manner of treating your customers.
Then, I contacted the BBB and narrated my ordeal at the hands of Audi. They requested the paperwork which I sent to them, they then contacted Audi who asked me what exactly I wanted to be done with my car. I told them all I wanted was for them to fix my car, either that, or they replace the car with one without any issues, or return my money.
Any of those options would suffice, but what I really wanted at that time was for them to repair my car. I didn’t want to have to go to the dealership every other day of the week. I really was tired of the whole merry-go-round thing that was going on at the dealership. So Audi told me that the dealership would carry out a thorough inspection of my car and they would notify me when they did this. They never did.
Then, one day, while I was driving, the car broke down and I had to take it to the dealer. It was there I found out that they had already performed the so-called thorough inspection of the car without me there which was against the agreement we had. Fishy, right?
I went to pick up the car and when I received the paperwork, they basically wrote that the car was having problems because I do not know how to drive properly. LOL! Rude much? But I overlooked this insult and kept on driving the car until another problem came up yet again.
Now, let me give a visit-by-visit recap of all that my car has put me through. The first official visit that had a repair order (since they didn’t give me one for the first actual repair) happened at a mileage of 5,537. Besides the mirror issue, I complained about the lane assistant that often went on and off for no reason. I took pictures of the dashboard as proof of this problem.
The second visit was due to a factory recall and also because a message kept popping up saying “check oil level.” When I took the vehicle in, the dealership said the oil level was alright. The recall issue, on the other hand, was due to a defective control module which they fixed.
The third time I took my car to the dealership, it was to repair the auto start/stop that doesn’t function. When I first purchased the car, it was working perfectly but later on, it stopped working.
At the dealer’s, they told me if I wanted the auto start/stop function to work properly, then I would have to sacrifice the air conditioning system. I mean, what sort of ridiculous response is that? Why put the two car parts in the same car then? That did not make any sense to me. What, I have to choose between sweating and crashing?
Now the fourth visit was due to the faulty radio. The radio would turn on, but produce no sound. The dealer tried to jack around the radio and see if he could perform a quick fix, but that did nothing. They then asked me to bring it back later in the week so they could settle down to check what exactly was the problem.
During this time also, I complained that the lock kept malfunctioning. This defect made the car keep locking me out so I had to take it to the dealer once again. At the dealership, the guy there asked me a very ridiculous question.
He asked and I quote, “When you enter the car, is your key usually in your right pocket or your left?” My face was blank because I was confused as to the relevance of the question to the matter on ground. Why would that make a difference?
He then told me that anytime I enter my car from the left or right side, the key must be in the corresponding pocket with my legs facing the car. I first thought this was a bad joke until I realized he was being serious.
Anyways, that came and went, so I basically had a car with the following issues: faulty radio, malfunctioning car locks, the lane assistant that didn’t work, etc. At this point, I felt I was carrying the weight of the whole world because what the heck!?
To compound matters, they wrote on the repair order that the car was in urgent need of a wheel alignment. I didn’t want to do this but eventually, I took it to the shop where this was to be done. The guy there said the only issue was that one of the back wheels was just a centimeter off and there was really no cause for alarm contrary to what the dealer implied.
After this incident, the BBB contacted me to follow up on the case. But since I realized that just like me, they were also not getting any results, I told them I would just contact a lemon law attorney instead.
The last problem which was related to the car’s automatic braking system caused me to leave my car at the dealer. What happened was that I was driving, and the car suddenly came to a full stop with no reason or warning whatsoever. At this point, I just don’t feel comfortable or safe driving this car any longer, as it is not only a threat to my life, but also to other people.
So now, I have had 5 visits because of one problem or the other since day one and the car has been at the dealership for the past two weeks. Oftentimes, it feels like the dealership only allows me to ramble on about the car defects without actually doing something about it.
Another thing I noticed is that they were reluctant to write down all my complaints in the repair order; they only wanted to write down a select few. I think the reason they behave this way is that they are the only dealership in the area, the next closest is over 60 miles away.
I don’t have any prior experience with lemon law cases so I don’t know how it works. Could you help me?
Manipulated.
Your Dealer Seems Shady
Dear Manipulated,
The way lemon law works is that for you to qualify, your vehicle must have been to the dealership at least twice for the same issues or three times for different issues, all within the warranty. Now, considering you have had so many visits to the dealer and your car is still on very low miles, you very much qualify for a lemon case.
Also, as your lawyer proceeds with your case, you are more than welcome to keep taking your car in for any problems that arise. This helps boost your case while also increasing the settlement amount you would get.
Having a defective vehicle is sometimes not the fault of the dealers, but that of the automakers. The dealers can only wrap a band-aid around any defective car that the manufacturers built in the first place. Also, the dealership’s hands are sometimes tied as they cannot carry out any repairs on the vehicle unless the automakers give the go-ahead. However, in your case, both the dealership and the manufacturers seem to be at fault.
The good thing now is that since you have very 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 ASAP, especially since you already contacted Audi, to avoid any form of pushback from them. There are two options available to you as a lemon owner.
The first option is the buyback. It simply involves the manufacturers buying the vehicle back from you with them also paying every dime you spent on the car. This includes your down payment, and monthly payments, and your taxes and interests are included as well. Also, if you took out a loan on the vehicle, they pay off the loan on your behalf.
The only deduction that can be taken from this settlement offer is called the mileage offset. This just means that the manufacturer has the right to charge you for the period you drive the car without any issues. And this is based on the miles you were at during your first visit. Since you said the first official visit was at around 5,000 miles, this means there isn’t much they can deduct. However, whether it’s a small or huge amount, your lawyer can try to get them to waive that in full or half seeing as they sold you a defective car.
The second option is the cash and keep. It is simply cash compensation for the issues you experienced with the car but you also keep the vehicle. With this option, your warranty is not canceled and if you decide to sell the vehicle down the line, you can do so without labeling it a lemon to the next owner.
Another great thing about lemon law cases in California is that they are all taken on contingency. This means that you are not required to pay any attorney fees, win or lose. The manufacturer is responsible for all of that. Also, you are the sole recipient of the total settlement won.
Suzanne
Free Legal Advice About Your 2021 Audi Q5 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 Law 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 California Lemon Lawyer to get proper legal advice about your lemon law claim.
Related Articles:
- Eight Things You Need To Know About California Lemon Law
- How To Avoid Buying A Lemon & What To Do If You Already Bought One
- 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case
Featured Image:
- 2021 Audi Q5 ©Alexander Migl (CC BY-SA 4.0 License)
