DEAR SUZANNE
By Suzanne Henderson
LETTER 57 – October 2022 | Visibly Confused
Dear Suzanne,
I am reaching out to you because I want to know if my vehicle qualifies as a lemon law case. I am so tired of my car that I do not wish to have anything to do with it anymore. This is because I have been taking it back and forth to the Jeep dealership for the same problems without any relief. As proof of my car’s defects, my warranty period was extended to 100,000 miles.Â
My car is a 2019 Jeep Wrangler Sport which I purchased sometime in 2019. The vehicle is registered in my name, but it is leased. Furthermore, the mileage on it is currently 21,000 and I have all the repair orders for each of these visits.Â
I have taken it to the dealership three times for the same electrical issues which all began in December 2019. The first time I took the car to the dealer for repairs, it was on 6,000 miles. When this happened, I was troubled because how does a car break down at such low mileage? It was very shocking.Â
The car’s electrical system kept on malfunctioning even after the first repairs. Thus, I had to take it in two more times for subsequent repairs but the issue persisted. At this point, I have given up on repairing the car as I just don’t feel safe driving it anymore.Â
Of course, the most important thing about owning a car is the feeling of safety when driving it. However, this is absent whenever I drive my car as the problems afflicting the car make me feel very unsafe every time I drive. This feeling became even more persistent one day when I was driving my car and it suddenly stopped moving. It was at that moment that I was frustrated enough to give up on the car.Â
Now, I am not familiar at all with how lemon law works, as such, I would really appreciate a detailed explanation. And also, how do you suggest I move forward with my lemon vehicle?Â
Visibly Confused
Lemon Law Is The Best Way To Get Rid Of Your Defective Vehicle
Dear Visibly Confused,Â
From the way you have described your car problems, it is evident you are dealing with a lemon. Thus, your lawyer can get your Jeep Lemon Law case started immediately because you have the necessary requirements on ground already.Â
In California, the requirement to qualify for a lemon case is two or more visits to the dealership for the same issues within your warranty period. That, or three or more visits to the dealer for different repairs, also within the warranty period. Since you already meet this requirement, your attorney can begin with the next steps. Also, whether leased or purchased, all of that doesn’t matter as long as you meet the requirements.Â
As the owner of a defective vehicle, there are two options available to you from which you can choose from. The first is the buyback which involves the manufacturer buying back the vehicle from you. In other words, it means you will get reimbursed for your down payment, monthly payments, taxes, and interest.Â
Also, since your car is leased, they will write out a check for the remaining balance as a complete payment to the dealership for the vehicle. Thus, you are not required to pay any more money to the dealer after the case has been settled (but you do need to continue making your regular payments until the case is resolved!). So, essentially, the manufacturing company keeps the jeep and you get your money back.Â
The only amount that can be deducted is called the mileage offset. This is the period during which you drove the car without any issues, for which you will be charged. It is usually based on the first time you took the vehicle in for its first repairs. However, your attorney can attempt to get this waived either in full or half seeing as you were sold a defective car in the first place.Â
The second option is known as cash and keep. This means that you will get some cash as compensation for all the inconveniences you have endured while using your car. It basically is the manufacturers saying “we’re sorry for the issues the car gave you, here’s some money as compensation to you for the inconvenience.” But basically, it just implies that you are getting a discounted price on the vehicle.Â
With this option, you keep the car and you keep making the monthly payments to the dealership. The benefit of the cash-and-keep offer is that if you later decide to sell your vehicle, you do not have to deem it a lemon to the next owner. Another thing about this offer is that the more visits you have, the more proof of its defectiveness, and the higher the compensation offer.Â
Additionally, when your attorney begins the case, you have the final say over whatever offer you wish to pick. Your attorney is only there to advise you if it is possible to get a more profitable offer or not. There is also no specific amount that your attorney can promise you, but you can rest assured that he will get the offer that best benefits you.Â
Also, since you mentioned that you do not feel safe driving your car, then you do not have to drive it. You can simply leave it parked at home. But whether you drive it or not, ensure you meet up with the installment payments every month so as to keep your lemon case active.Â
This is to avoid any form of pushback or deductions from the manufacturers because then, they would have legitimate grounds to discard the case. If you decide to keep driving it and you encounter problems, make sure you take it to the dealership for proper checkups and also collect the necessary paperwork.Â
In addition, since you leased your car in California which is very customer-friendly, you will not be charged any attorney fees. This is because, in the state of California, lemon law cases are taken on contingency. All attorney fees are settled by the manufacturing company in question regardless of if it’s a win or a lose situation. This also implies that the total settlement won, whether for the buyback or the cash-and-keep offer will be going over to you as the sole owner.Â
Furthermore, after filing a lawsuit against the manufacturers, it usually takes between 30 to 55 days for them to return with an offer. However, oftentimes, it takes up to 7 months for the whole lawsuit to be settled. If you are in need of further clarification, you can contact your law attorney.
Suzanne
Free Legal Advice About Your 2019 Jeep Wrangler 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 Law 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 CA Lemon Law Attorney to get proper legal advice about your lemon law claim.
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Featured Image:
- 2019 Jeep Wrangler ©Tokumeigakarinoaoshima (CC BY-SA 4.0 License)