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Volvo Used Car Lemon Law

Case Type:   Lemon Law / Used Car Purchase
Case:   Brianna Charlton v. Karp Automotive, Inc.
Date:   July 21, 2017
Plaintiff Attorney(s):   Anthony T. Ballato, Esq., Massapequa, NY
Defendant Attorney(s):   Tim Gilley, General Manager of Karp Automotive, Inc., Rockville Centre, NY 11570
Facts:   On May 20, 2017, Consumer Briana L. Charlton, purchased a used 2015 Volvo XC60 from Karp Automotive, Inc. of Rockville Centre, New York. On May 26, 2017, the consumer brought the vehicle in for service alleging that the transmission service light is on and is flashing urgent message. The technician found TCM P273300, P073200 and P089600. The transmission was banging into gear and the shifting was harsh. The transmission was replaced. The consumer received the vehicle back on June 13, 2017. On June 15, 2017 consumer had the vehicle towed to the dealer for service alleging that the transmission service light was on flashing urgent message. The technician found P273300, P073300, P073200 and P073000. The transmission oil cooler thermostat had a blockage in the upper cooler fitting. The blockage was cleared and it still came up no transmission drive condition. The transmission and the transmission oil cooler thermostat were replaced. The consumer received the vehicle back on June 26, 2017.
Verdict:   After several attempts to fix the vehicle and over 30 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 dealer Karp Automotive, Inc. demanding that they repurchase the consumer’s vehicle pursuant to Notice Pursuant to Used Car Lemon Law, 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, Claims Under Dealer’s Warranties and Magnusson-Moss Warranty Act and Violations of DMV Regulations and Vehicle Traffic Law Section 417 Warranty of Serviceability. Tim Gilley, General Manager of Karp Automotive, Inc. settled the matter. Consumer purchased a new 2018 Volvo XC60. The dealership repurchased the used vehicle a 2015 Volvo XC60 for full value of $36,400.00. This left a balance of $16,540 plus sales tax on the price difference and dealer fees. Karp Automotive, Inc. contributed $10,000.00 out of good faith, and including legal fees of $4,000.00 and the consumer was left with a balance of $6,540.00.

Ligitation & General Practice

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

Lemon Law Cases