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Gary Fish v. GMC

Case Type:   New Car Purchase, 2018 GMC Terrain
Case:   Gary Fish v. GMC
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., of Massapequa, NY
Defendant Attorney(s):   Alexis N. Neal, J.D., Business Resource Center Negotiator, Special Counsel on behalf of General Motors, LLC of Detroit, MI 48265
Facts:   The consumer purchased a new 2018 GMC Terrain on November 18, 2017. Just three (3) days later (November 21, 2017), the customer was forced to return to GMV of Rockville Centre with complaint of inoperable Navigation system / blank screen. This problem persisted throughout the customer’s ownership of vehicle. A host of other problems quickly ensued, including intermittent Brake Assist messaging appearing on screen (diagnostic tests found fault code, showing no communication due to internal malfunction of battery timer module) sensors replaced, park assist messages, MPH limit on screen (showing dashes), faulty OnStar, Bluetooth issues, lack of Wi-Fi service, use of sunroof open/close malfunction, sound system defect (did not hold presets), and driver seat malfunction (unable to adjust seat). All these repairs caused the vehicle to be “out of service” and non-drivable for 13 days. Despite dealership’s inability to resolve these issues, the consumer continued to experience multiple electrical problems. The consumer felt it was dangerous to operate the vehicle due its inherently chronic and unsafe serious electrical defects. After the consumer’s multiple complaints and numerous attempts to have the unsafe defects repaired, they went unresolved and the consumer retained the Law Office of Anthony T. Ballato to represent him. Mr. Ballato sent a certified demand letter to GMC demanding they repurchase the consumer’s vehicle pursuant to New York Lemon Law and the Federal Magnusson Moss Warranty Act. After protracted negotiations with the manufacturer, the manufacturer offered to repurchase the vehicle. A settlement was reached to repurchase the vehicle for full cost of vehicle excluding sales tax of $41,921.39 in excess use over 12,000 miles and total legal fees of $3,000.00.
Verdict:   GMC bought back the vehicle for an award to consumer of $41,921.39.

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