Consumer Protection Law

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I just purchased a pre-owned certified Ford Focus from Vista

Customer Question
Ford for my son. I have...
I just purchased a pre-owned certified Ford Focus from Vista Ford for my son.
I have had it 3 weeks and it needs a major clutch replacement. It’s under warranty but just found out there a boat-load of consumer complaints
about this problem. I would like to give the car back and get my money back. I paid cash! People have reported recurring replacement of the clutch and car shutting off. The most important part of this is that I observed a hesitation in the car when you accelerate even during the test drive but it was not consistent. My son has been noticing it off and on and that is when I told him to take it in. He did today and they need to replace the clutch and to come back Monday.
The sputtering we observed during the test drive is a known symptom of this problem and they sold it to me anyway!!Some details:
Purchased on 5/19/2017
Cancellation deadline 5/22/2017
Mileage limit: 250 miWhen I looked at the mileage, the odometer reads 22,355 but on the contract it reads 24,536. Very strange they recorded the mileage wrong.
Can this invalidate the contract and give us some leverage to return the car?Is this a lemon law case and not sure what is my next step here - just want to get my $ back?
JA: What state is this in? And how old is the boat?
Customer: Thank you Dan
JA: Have you contacted the manufacturer?
Customer: Its a Ford Focus and have not contacted Ford
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.Category: Consumer Protection Law
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Customer reply replied 5 months ago
I am in California!!
Answered in 58 minutes by:
6/16/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5,963
Experience: Licensed to practice before state and federal court
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Hello! My name is ***** ***** I am a licensed attorney, admitted to practice in state and federal court. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. I am happy to speak with you, but by no means are you required to accept it.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 5 months ago

Ok, so the answer to your question is that it may be lemon soon. If this is a new motor vehicles sold in the state of California, the Song-Beverly Consumer Warranty Act requires that if the manufacturer, or its representative, is unable to repair the vehicle in order to conform to the applicable express warranties after a reasonable number of attempts (usually 3), the manufacturer must either replace the new motor vehicle or make restitution to the buyer in the form of purchase refund.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 5 months ago

According to the BBB, "The California lemon law establishes a rebuttable presumption that a reasonable number of repair attempts have been made if, within 18 months from delivery to the first retail buyer/lessee or 18,000 miles on the vehicle odometer, whichever comes first, one or more of the following occurs:

1. The same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity has been subject to repair two or more times by the manufacturer or its agents, and the consumer has at least once directly notified the manufacturer of the need for repair;

2. The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the consumer has at least once directly notified the manufacturer of the need for repair; or

3. The vehicle has been out of service more than 30 calendar days (cumulative) since delivery by reason of repair of one or more nonconformities by the manufacturer or its agent (such as an authorized dealer).

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 5 months ago

So, you may need to take it in a few more times over the next year before it's officially a lemon, but if that is the case, please come back to this thread and let me know because I am a licensed California attorney who can help.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Legal Eagle
Legal Eagle
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Category: Consumer Protection Law
Satisfied Customers: 5,963
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Experience: Licensed to practice before state and federal court

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