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Louis DeRose v. Jaguar Land Rover North America, LLC

Case Type:   Lemon Law / New Car Lease
Case:   Louis DeRose v. Jaguar Land Rover North America, LLC
Date:   March 11, 2020
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Jaguar Land Rover North America, LLC By: Matthew Migliozzi, Consumer Affairs Specialist
Facts:   On May 28, 2018, Consumer Louis DeRose leased a new 2018 Jaguar XJL from Jaguar Huntington in New York with agreed value of $79,594.86. The consumer had multiple electric problems and brought the vehicle back for service 7 times and was out of service, about 124 days within the new car Lemon Law warranty.
Verdict:   The consumer’s requests for repurchase or replacement of the vehicle were denied, then the consumer hired Anthony T. Ballato, Esq. of Massapequa, New York to represent him. 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. After many phone calls and emails to the manufacturer’s attorneys with no decision reached, and thereafter denial of any relief, Mr. Ballato advised the consumer to file for arbitration. Thereafter the manufacturer made an offer to settle the case for full value repurchase. The manufacturer agreed to repurchase the vehicle for a full refund of lease payments to date of $27,069.56 to the consumer, payoff of lease in amount of $55,937.35 and attorney’s fees of $1,500.00. A separate application for refund of sales tax was made pursuant to Tax Law §1139 by the manufacturer.

Lemon Law Cases