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Honda Pilot

Settlement:   Undisclosed
Case Type:   Lemon Law New Car Purchase
Case:   Consumer v. American Honda Motor Corporation
Date:   September 12, 2016
Plaintiff Attorney(s):   Anthony T. Ballato, Esq.,of Massapequa, NY
Defendant Attorney(s):   American Honda Motor Corporation, of Torrance, CA
Facts:   On September 13, 2015, consumer purchased a new 2016 Honda Pilot from Paragon Motors of Woodside, Inc.. On December 11, 2015 the consumer brought the vehicle to Paragon Motors of Woodside, Inc. for service alleging he heard a noise while driving the vehicle, that the screens have no power and that the vehicle needed jumped a few times. The technician found that the left rear seat was touching the right side of the seat mechanism. The navigation screens needed an update and the battery needed replaced due to a bad cell. On December 23, 2015 the consumer brought the vehicle back for service alleging that he heard the same noise, that when you come to a stop the radio flickers intermittingly. The shop foreman took the vehicle for a road test and then performed a recall for the noise and did a multi-point inspection. On February 8, 2016 the consumer brought the vehicle in for service alleging he heard the same noise from the rear seat area. Consumer was advised that the SOP part was in stock. Another a multi-point inspection was performed they found code 29I soil. On February 12, 2016, the consumer brought the vehicle in for service alleging that there was a noise coming from the engine while driving and it sounded like it was tapping. After inspection it was found that the timing belt was rubbing. The technician removed and replaced the timing belt cover, tensioner and pulley. On April 27, 2016 the consumer brought the vehicle in for service alleging that the all-wheel drive and other warning lights would come on, the vehicle would slow down and would release and drive normal but the warning lights would stay on. The software was updated. The consumer also alleges that the noise in the engine area returned. As per the tech line the technician was instructed to replace the timing belt and / or tensioner, adjuster, idler pulley and / or drive pulley. On May 12, 2016 the consumer brought the vehicle back in for service alleging that the all-wheel drive lights came on and that the vehicle slows down and is unable to accelerate. Upon inspection it was found that the rear differential carrier assembly needed replaced.
Verdict:   After several attempts to fix the vehicle and 50 days out of service, the consumer’s hired Anthony T. Ballato, Esq. of Massapequa, NY to represent them. Mr. Ballato sent a demand letter to American Honda Motor Corporation, of Torrance, CA demanding that they repurchase the consumer’s vehicle pursuant to New York Lemon Law and the Federal Magnusson Moss Warranty Act. After conversations and correspondence with American Honda Motor Co., Inc., of Torrance, CA we were advised that the Manufacturer was unable to grant a repurchase of the vehicle. The consumers decided to go to Arbitration through the New York State Dispute Resolution Association. On August 15, 2016 the case was accepted for arbitration. Before the arbitration date of September 13, 2016 the manufacturer settled, but objected to disclosing the terms of the settlement.

Ligitation & General Practice

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

Lemon Law Cases