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Mazda Used Car Purchase Lemon Law

Case Type:   Lemon Law Used Car Purchase
Case:   Giovanni Turturici v. Cars Unlimited of Suffolk, LLC d/b/a Nesenger 112 Chevrolet, Hyundai 112, Mazda 112
Date:   July 28, 2017
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Heather Nesenger, Medford, NY
Facts:   On February 15, 2016, Consumer Giovanni Turturici purchased a used 2009 Mazda CX-9 from Cars Unlimited of Suffolk LLC d/b/a Nesenger 112 Chevrolet, Hyundai 112, Mazda 112 of Medford, New York. On March 28, 2016 the consumer brought the vehicle in for service alleging that there is a burning smell while driving the vehicle. The technician confirmed that the chain cover and valve cover gaskets were leaking. The valve cover and chain cover were replaced and the oil and oil filter were changed. On April 1, 2016 the consumer brought the vehicle in for service alleging that the vehicle smells like its burning after driving it. The technician confirmed that the seal to VVT actuator was leaking. The part was removed and replaced and the excess oil was cleaned off. On April 25, 2016 the consumer brought the vehicle in for service alleging that after driving the vehicle for a couple minutes on the highway when the vehicle is stopped there is a very strong burning odor inside and around the vehicle. The technician checked and cleaned the excess oil. The consumer brought the vehicle back in for service alleging that the keyless remote was inoperable. An extra remote was supplied and programmed. On October 18, 2016 the consumer brought the vehicle in for service alleging that there was an oil leak on the right side of the motor and a burning smell. The technician verified that there was a problem. The engine was tore down to source and saw that the cylinder head was leaking from exhaust stud oil all over. The cylinder head and all components had to be replaced. The consumer brought the vehicle in for service alleging that the check engine light was on. The technician found DTC P0354. The circuits were diagnosed for continuity.
Verdict:   After several attempts to fix the vehicle and over 80 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 dealer Cars Unlimited of Suffolk LLC d/b/a Nesenger 112 Chevrolet, Hyundai 112, Mazda 112 of Medford, NY demanding that they repurchase the consumer’s vehicle pursuant to New York Used Car Lemon Law and 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; and Claims Under Dealer’s Warranties and Magnusson-Moss Warranty Act; Violations of DMV Regulations and Vehicle Traffic Law Section 417 Warranty of Serviceability. Heather Nesenger of Cars Unlimited of Suffolk LLC d/b/a Nesenger 112 Chevrolet, Hyundai 112, Mazda 112 settled the matter. The dealership repurchased the used vehicle a Mazda CX-9 as a trade for the full amount $18,900.00 and consumer purchased a new 2017 Chevrolet Equinox AWD with an MSRP of $31,025.00, less $8,500.00 in rebates and allowances, plus $2,000.00 in legal fees. The net result was that the consumer got back all of his money on the used car and was able to purchase a new car at less than half the interest rate and lower payment than the used car.

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