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Rafael Gonzalez v. Volvo Cars of North America

Case Type:   Lemon Law / New Car Purchase
Date:   August 15, 2022
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Caitlin Wilson, Volvo Representative
Facts:   On November 20, 2020, Consumer Rafael Gonzalez purchased a new 2021 Volvo XC90 from Volvo Cars of Queens, New York. The consumer brought the vehicle in for service for a total of seven times and was out of service 70 days for electrical and engine problems.
Verdict:   After multiple attempts to fix the vehicle the consumer hired Anthony T. Ballato of Massapequa, NY to represent him. Mr. Ballato sent a demand letter to the Manufacturer Volvo Cars of North America 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 conversations, correspondence and emails with Caitlin Wilson, the Volvo Representative, she advised that the manufacturer would settle the matter and that the file was handed over to the local Volvo dealer for a full value replacement vehicle. The manufacturer agreed to repurchase the vehicle for the full amount and replace it with a new 2020 XC90 and pay legal fees in the amount of $4,950.00

Lemon Law Cases