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Baumgardt, Jean A. V. Jaguar Land Rover North America, LLC

Settlement:   Full Refund of $54,739.64
Case Type:   Lemon Law New Car Purchase
Case:   Baumgardt, Jean A. V. Jaguar Land Rover North America, LLC
Date:   June 28, 2021
Plaintiff Attorney(s):   Anthony T. Ballato, Esq.
Defendant Attorney(s):   James S. Dobis, Esq. | Dobis Russell & Peterson, P.C.
Facts:   On November 5, 2019, Consumer Jean A. Baumgardt purchased a new Land Rover Evoque S from Land Rover of Huntington, New York, with agreed value of $54,739.00. Shortly thereafter, consumer experienced multiple problems with the vehicle’s start / stop feature, powertrain control module issues, telematic control unit module issue, transmission troubles and tailgate / trunk calibration / alignment of doors / body of vehicle defects causing grinding noise and electrical system malfunctions. The vehicle brought into the repair shop on eight (8) separate occasions and out service for over thirty-five (35) days.
Verdict:   The consumer’s request for repurchase or replacement of the vehicle were denied, then the consumer retained Anthony T. Ballato, Esq. of Massapequa, New York to represent them. Mr. Ballato sent a demand letter to the manufacturer, Jaguar Land Rover North America, LLC, demanding that they repurchase the consumer’s vehicle pursuant to 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; Claims Under Manufacturer’s Warranties and Magnusson-Moss Warranty Act; and Demand for All Sales, Financing and Service Documents. Mr. Ballato later filed for arbitration pursuant to the New York Lemon Law and on June 24, 2021, an arbitration hearing via WebEx was held via the New York Attorney General’s program. The Arbitrator, after a contested remote video hearing and personal vehicle inspection and test drive, issued a Decision ruling in the consumer’s favor and directed that Jaguar Land Rover, North America, LLC, buy back the vehicle for an award to consumer of $54,739.00 plus DMV fees of $367.50 and $250.00 filing fee, less a mileage deduction of $1,029,64, resulting in a net award of $54,326.86 to the consumer. A separate application for refund of $2,752.15 sales tax will be made pursuant to § 1139(f) of the New York Tax Law.

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