Lexus SC430 Lemon

Rattling noise of the convertible/retractable top and defective suspension, which caused a hard ride.

Settlement: $70,250.00
Case Type: Sarah and Anthony Ballato v. Lexus Toyota, No. 29773
Venue: Office of the Attorney General, NY
Date: Tuesday, June 11, 2002
Plaintiff Attorney(s): Anthony T. Ballato; Massapequa, NY, for Sarah and Anthony Ballat
Facts: The consumers purchased a new 2002 Lexus SC 430 convertible on 7/11/02. They received a 4-year/50,000-mile warranty. The consumers brought the car to the selling dealership, Lexus of Massapequa, to repair a rattling noise of the convertible/retractable top and defective suspension, which caused a hard ride. They brought the vehicle in for correction more than four times within 1 year, which exceeded the new car Lemon Law, GBL Article 11-A threshold of four repair attempts and/or 30 days out of service during the first 24 months/18,000 miles. The consumers' efforts to compel return of the vehicle were rejected by the manufacturer, and they sought a refund under the New York State Lemon Law and commenced a Lemon Law proceeding with the New York State Attorney General's Office. Plaintiff consumer, who was also the attorney in this case, was later successful in receiving 100% refund of the purchase price of $70,000, just prior to a hearing on the case, which he applied towards the purchase of another new Lexus vehicle LS 430 Sedan. The dealer refunded $5,262 for lesser MSRP of new vehicle and New York State refunded $447 in sales tax on the refund.
Injury: Settlement details $65,000 for total cost of vehicle, excluding sales tax; $5,000 for total dealer options; $250 for arbitration fees; $3,000 for legal fees waived by consumer in consideration of manufacturer waiving depreciation/mileage of approximately 7,000 miles and refund by dealer of difference of MSRP between new vehicle [sedan] and total costs of former vehicle [convertible].
Plaintiff applied the refund to the purchase of another Lexus.
Verdict: This action settled for $70,250 at arbitration.