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Peter Arner v. Jaguar Land Rover North America, LLC

Case Type:   Lemon Law / New Car Lease
Case:   Peter Arner v. Jaguar Land Rover North America, LLC
Date:   August 6, 2018
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Jose Bracero, Consumer Affairs Specialist, Jaguar Land Rover North America, LLC
Facts:   On January 12, 2018, Consumer Peter Arner, leased a new 2017 Land Rover Discovery from, Heritage Jaguar of Freeport, Inc., Freeport, NY. On January 16, 2018, the consumer brought the car in for service alleging that there was a leak in the front windshield and that the tire pressure monitoring fault light was on. The technician determined that the light was on because the software was incompatible. The software was updated. It was determined that the sealant was uneven between the glass and body. The windshield had to be replaced. On March 1, 2018, the consumer brought the vehicle in for service alleging that when he enters the car it beeps and the message says gear shift not in park. The technician found fault codes and had to configure the existing module. The consumer alleges that when he would turn on the air conditioning hot air would come out instead of cold air. The technician found that the module was not up to date and that it had to be cleared and updated. On March 6, 2018, the consumer brought the vehicle in for service alleging that the center console display screen was blank. The technician had to clear the fault codes and do a software update. On April 18, 2018, the consumer brought the vehicle in for service alleging that once again when he returns to his car it beeps and there is a message that gear shift is not in park. The technician updated the software. On May 18, 2018, the consumer brought the vehicle in for service alleging that again when he returns to his car and opens the door the car beeps and there is a message gear shift not in park. The technician had to configurate the gateway module and ECU. On June 14, 2018, the consumer brought the vehicle in for service alleging that the entertainment screen was frozen. The technician provided a software update.
Verdict:   After several attempts to fix the vehicle and over 34 days out of service, the consumer hired Anthony T. Ballato, Esq. of Massapequa, New York to represent him. Mr. Ballato sent a demand letter to the Manufacturer demanding Notice pursuant to New Car Lemon Law; New York General Business Law Article 11-A, Sections 198-A, Et Seq.; Notice of Revocation of Acceptance and Demand for Rescission Uniform Commercial Code Article 2; and Claims Under Manufacturer’s Warranties and Magnusson-Moss Warranty Act; Demand For All Sales, Financing and Service Documents. After conversations, correspondence and emails with Jose Bracero, Consumer Affairs Specialist with Jaguar Land Rover North America, LLC of Mahway, New Jersey, the manufacturer made an offer to settle the case. On August 6, 2018, the Manufacturer agreed to repurchase the vehicle and return all lease payments to the Consumer in the amount of $8,459.84 and legal fees in the amount of $1,500.00.

Lemon Law Cases