Used Car Purchase / New Car Lemon Law
Case Type: | Used Car Purchase / New Car Lemon Law | |
Case: | Judith Pedersen v. Audi of America | |
Plaintiff Attorney(s): | Anthony T. Ballato, Esq., Massapequa, NY | |
Defendant Attorney(s): | Audi of America, Auburn Hills, MI and Nicole B., Case Coordinator Customer Resolution Center | |
Facts: | On December 1, 2015, consumer Judith Pedersen purchased a used 2015 Audi A3 from Audi Lynbrook, New York. On October 11, 2016, the consumer had to have the vehicle towed to Atlantic Audi in West Isip. The consumer alleges that the vehicle was misfiring. The technician found that the spark plugs needed to be replaced. On December 17, 2016, the consumer brought the vehicle in for service alleging that the low oil warning light was on. The technician added oil to the vehicle. On December 31, 2016, the consumer brought the vehicle in for service alleging that the vehicle was bucking and misfiring while driving on the highway. The technician determined that the coil pack was faulty. An oil consumption test was also being performed. On January 3, 2017, the consumer brought the vehicle in for service alleging that the check engine light was on and that the car was misfiring. The diagnosis was a failed ignition coil. On January 26, 2017, the consumer brought the vehicle to her local mechanic for inspection. She was informed the vehicle failed the inspection because they found codes. On January 28, 2018, the consumer brought the vehicle to Atlantic Audi for inspection. The technician could not clear the codes to inspect the vehicle, the computer had to be reset. On February 8, 2018, the consumer brought the vehicle back in for service alleging the vehicle had a low oil warning light on. The technician measured the oil consumption. The consumer had to bring the vehicle back for service on March 24, 2017, for part two of the oil consumption test. The diagnosis was that the pistons and rings needed to be replaced. The consumer received the vehicle back a week later. On June 3, 2017 the vehicle was brought in for service because of an electronics malfunction warning. The message was to put the car in park before exiting the vehicle. The technician’s diagnosis was that there was a faulty gear. On June 19, 2017, the consumer brought the vehicle in for service because there was oil in her driveway. The diagnosis was an oil leak on upper timing chain cover and the gear selector was replaced. On August 15, 2017, the consumer brought the vehicle in once again for oil leaking on her driveway. The technician found that the head cover was leaking. Once again on September 12, 2017, oil was leaking on the driveway. The technician found oil was leaking on the hose and 0 rings. The technician found that oil was still leaking and that there was a leak in the rear main seal. The consumer brought the car in for further repairs for the air conditioner and oil leaks. | |
Verdict: | After multiple attempts to fix the vehicle and over 100 days out of service, the consumer hired Anthony T. Ballato, Esq. of Massapequa NY to represent her. Mr. Ballato sent a demand letter to the manufacturer Audi of 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 Sandra L., Case Coordinator, Customer Resolution and Retention of Audi of America, she advised the Manufacturer would settle the matter. The Manufacturer agreed to replace the used Car (under New Car Warranty) with a New Car for no extra charge worth over $12,000.00 more than the cost of the used car. The replacement was considered a substitution of collateral, including legal fees to Mr. Ballato in the amount of $1,500.00. |
Anthony T. Ballato, Esq. on Auto Fraud and NY Lemon Law Part 1 and 2
Lemon Law Cases
- Baumgardt, Jean A. V. Jaguar Land Rover North America, LLC
- David F. v. Volkswagen of America Inc.
- Shannon O. v. FCA US LLC
- Ian B. v. Ford
- Stephen Fisher v. Ford
- P. R. v. JJM Automotive LLC d/b/a Empire Chrysler Doge Ram of West Islip
- Kennedy, S&W v. General Motors LLC
- Rafael Gonzalez v. Volvo Cars of North America
- Jose Franceschi v. Chevrolet / General Motors, LLC
- Egbert, Peter v. Alfa Romeo / FCA
- Louis Q. v. Porsche Cars of North America
- Joshua Caspi v. Jaguar Land Rover North America, LLC
- Jasleen Rayano v. Jaguar Land Rover North America, LLC
- Consumer B. versus BMW of North America, LLC
- Baumgardt v. Jaguar Land Rover North America LLC
- Jaqueline Cuellar v. Chevrolet / General Motors LLC
- Richard Mills v. Chevrolet / General Motors, LLC
- Gregory Lehecka v GM LLC
- Mary Grace McAllister Davis v. Chevrolet / General Motors
- Francine Kaczor v. Audi of America
- Elisabeth Gagliano v. FCA US LLC / Jeep
- Gary Fish v. GMC
- Alan R Versus BMW of North America, Inc.
- Lawrence Sparks v. Audi of America
- Richard and MaryJo Graffeo v. Audi of America
- Louis DeRose v. Jaguar Land Rover North America, LLC
- Brian Stefanovic v. Jaguar Land Rover North America, LLC
- Jeremy Maswary v. Ford Motor Company
- Thomas Arceri v. FCA US LLC
- Allison Quinto v. Jaguar Land Rover North America, LLC
- William and Barbara Ahlers v. Subaru of America, Inc.
- Laurie Golowach v. General Motors Corporation
- Howard Z. v. Maserati
- Maryanne & Michael Hinchy v. Nissan North America
- David Casamento and Andrew Berends v. Jaguar Land Rover North America, LLC
- Nabieva Madina v. Mercedes-Benz USA, LLC
- Kathleen Friedman v. Audi of America
- Bentley, McLaren, BMW and Mini Cooper Vehicles
- Kevin Aldrich v. FCA US LLC
- Robert Rapisarda v. FCA US LLC
- Oscar Deco, Inc. / Aida Calderon v. Mercedes-Benz USA, LLC
- Peter Arner v. Jaguar Land Rover North America, LLC
- Peter Cardone v. Jeep / FCA US LLC
- Paulo Rodriguez Arias v. Chevrolet Motor Division
- Rafael Gonzalez v. Volvo Cars of North America
- Demetrios M. Perdios v. Audi of America
- Auto Dealer Fraud / Deceptive Trade Practices Alleged And Used Lemon Vehicle
- Lemon Law / New Car Purchase
- Used Car Purchase / New Car Lemon Law
- Lemon Law / New Car Lease
- Lemon Law New Car Purchase
- BMW Auto Dealer Fraud Deceptive Trade Practices
- Chevrolet Tahoe New Car Purchase Lemon Law
- General Motors Lemon Law New Car Purchase
- Lemon Law New Car Lease
- Mazda Used Car Purchase Lemon Law
- Nissan Infinity New Car Lease Purchase Lemon Law
- Nissan Maxima New Car Purchase Lemon Law
- Porshe Used Car Repurchase Lemon Law
- Volvo Used Car Lemon Law
- Jeep Renegade
- Chevrolet Camaro
- Acura MDX
- Jeep Grand Cherokee
- Ford Escape
- Honda Pilot
- Lexus LX570
- Toyota Rav 4
- Dodge Challenger
- Hyundai Tucson
- Chevrolet Tahoe Truck
- Volkswagen Passat
- Dodge Charger
- Jeep Renegade
- Jeep Grand Cherokee
- Chevrolet Camaro
- Mercedes GLA45
- Jeep Grand Cherokee
- Honda CRV-EXL
- Porsche Carrera Turbo
- Volkswagen Tiguan
- Audi A8
- Chevrolet Tahoe Truck
- Dodge Ram 2500 SLT truck
- Audi S4 Sedan
- Hyundai Tucson
- Lexus ES350
- Jeep Grand Cherokee Overland
- Infiniti QX56 SUV
- McLaren MP4-12C
- Maserati Ghibli
- Maserati GT Sport
- Ford F350 Diesel Pick-up Truck
- Dodge Ram 2500 Full Refund
- Jeep Grand Cherokee
- Audi S4
- Ford Edge
- Subaru Outback
- Audi TT Convertible
- Ford Mustang Saleen S281
- Chevrolet Cruze Turbo Diesel
- Hyundai Genesis
- Volkswagen Passat
- Chrysler Eagle
- Chrysler Cross-Fire
- Volkswagen Toureg
- Kawasaki Motorcyle
- Bentley
- Cadillac Escalade
- Cadillac STS Sedan
- Cadillac XLR Convertible Roadster
- Chevrolet Camaro
- Chevrolet Corvette
- Chevy Equinox
- Dodge Intrepid
- Ford Cougar
- Ford Escape
- Ford Expedition
- Ford F350 Pickup Truck
- Ford Windstar
- Ford Windstar
- Ford Windstar
- General Motors
- General Motors GMC Acadia
- Hummer
- Infiniti G35 Sport Sedan
- Infiniti Q45
- Jeep Grand Cherokee Overland
- Kia Sephia
- Land Rover Discovery
- Lexus SC430
- Nissan Maxima
- Audi A6 Sedan
- Nissan Maxima
- Nissan Quest
- Porsche Cayenne
- Volkswagen Jetta
- Volkswagen Passat
- Volkswagen Touareg