Main Menu

Porshe Used Car Repurchase Lemon Law

Case Type:   Lemon Law Used Car Repurchase
Case:   Sydney James, Jr. v. Manhattan Motor Cars, Inc.
Date:   August 24, 2017
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Edmund Evans, Representative of Porsche North America and Michael “MJ” Flagg of Stericycle Imports Customer Care Coordinator
Facts:   On April 27, 2017, Consumer Sydney James, purchased a used 2015 Porsche 911 from Manhattan Motorcars, Inc., of New York City, New York. On May 2, 2017 the consumer alleges the vehicle had to be towed to the dealer for service because the check engine lights came on. The service technician found that there were faulty ignition coils. On May 9, 2017 the consumer had to have the vehicle towed back to the dealer for service for the same problem. The technician performed a multi-point vehicle inspection and found that the spark plugs had to be removed and reinstalled. The vehicle was in for service for eighteen (18) days. On June 26, 2017 the consumer had to have the vehicle towed in for service for the same problem. The vehicle would crank but would not start. The technician found that the shaft sensor and coils were not working. The rear cover had to be removed and reinstalled, the speed sensor and spacing washer were fixed. The ignition coil was removed and reinstalled. The vehicle was in for service for twenty-two (22) days.
Verdict:   After several attempts to fix the vehicle and approximately 47 days out of service, the consumer hired, Anthony T. Ballato, Esq. of Massapequa, NY to represent him. Mr. Ballato sent a demand letter to the Manufacturer demanding Notice Pursuant to Used Car Lemon Law, New York General Business Law Article 11-A, Sections 198-B, Et Seq.; Notice of Breach of Contract and Demand for Rescission Uniform Commercial Code Article 2; Claims Under Dealer’s Warranties and Magnusson-Moss Warranty Act; and Violations of DMV Regulations and Vehicle Traffic Law Section 417 Warranty of Serviceability. After conversations and emails with Edmund Evans of Porsche North America we were advised the manufacturer would settle the matter. The manufacturer had Michael “MJ” Flagg of Stericycle Imports handle the settlement. The manufacturer agreed to repurchase the vehicle. TD Auto Finance received a check in the amount of $48,924.16, the consumer received a check in the amount of $34,335.84 and Anthony Ballato received a check in the amount of $2,500.00 for legal fees.

Ligitation & General Practice

Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2

Lemon Law Cases