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Rafael Gonzalez v. Volvo Cars of North America

Case Type:   Lemon Law / New Car Purchase
Case:   Rafael Gonzalez v. Volvo Cars of North America
Date:   April 23, 2018
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Rachelle Rebmann, Volvo Represenative & Amber Marshall, Reaquisition Coordinator - Volvo
Facts:   On December 29, 2016, Consumer Rafael Gonzalez purchased a new 2017 Volvo XC90 from Karp Auto, Rockville Centre, New York. On June 1, 2017, the consumer brought the vehicle in for service for recalls. On June 5, 2017 the consumer brought the vehicle in for service alleging that none of the Apps were working. The technician was unable to fix the problem. On November 22, 2018, the consumer brought the vehicle in for service alleging that the Hybrid service required light in on. The technician performed a total software upgrade. On December 1, 2017, the consumer brought the vehicle in for service alleging failure of the Hybrid system. The technician performed a total upgrade to the system. On December 22, 2017, the consumer brought the vehicle in for service alleging that the warning lights were on. The code was due to an internal battery failure. A new battery was ordered and replaced in the vehicle. On January 24, 2018 the consumer brought the vehicle in for service alleging that the check engine light is on and that while driving the vehicle the car jerks. Consumer stated that you could feel the vehicle braking by itself because the brake pedal characteristics change. The technician opened a report on ERAD, drained the coolant and removed rear suspension, placed it in service position, removed and replaced ERAD and reinstalled rear suspension. The technician also performed a calibration prior to taking the vehicle for a road test, added coolant and bled HV cooling system, performed alignment and then took the vehicle for a road test. On March 9, 2018, the consumer brought the vehicle in for service again alleging that the check engine light was on. The technician found that the IEM / VEM battery was weak, the technician repaired IEM / VEM battery and cleaned the battery than performed a road test. The consumer also alleged that the apps were not working from the phone. The technician performed a configuration software update. On April 6, 2018, the consumer brought the vehicle in for service alleging that the check Hybrid system failure light was on. The technician performed a diagnostic DTC inspection and found codes for the battery energy control module. He opened a case with Volvo and advised them to replace. He also found that the backup battery connector was loose from the circuit board. There was also a code to reload upgrade. The technician performed a battery recharge and reset all codes and advised that the vehicle will have to come back for service when the software is available.
Verdict:   After multiple attempts to fix the vehicle and over 30 days out of service, 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 Rachelle Rebmann, the Volvo Representative, she advised that the manufacturer would settle the matter and that the file was handed over to Amber Marshall at Stericycle. The manufacturer agreed to repurchase the vehicle for the amount of $67,500.00 plus add-ons that the client had installed on the vehicle in the amount of $2,266.23 and legal fees in the amount of $2,500.00, plus the consumer will receive a full refund of sales taxes via New York State.

Ligitation & General Practice

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

Lemon Law Cases