San Francisco, CA: Ford is facing a consumer fraud class action lawsuit brought by a California man who alleges the company is in violation of the Song Beverly Act because it has violated its agreement to repurchase or replace defective vehicles from consumers by adding deductions to the buyback price. This is allegedly also in violation of California's "lemon law."
Filed by Rex Potter, the lawsuit, entitled Potter v. Ford Motor Co., Case No. 1:13-cv-05095, in the U.S. District Court for the Northern District of California, states that on May 30, 2011, Potter bought a brand new 2011 Ford F-150 from Lake Elsinore Ford in Lake Elsinore, CA. He paid approximately $62,000 for the vehicle. Potter added a third party extended service contract to his purchase for $1,615. The lawsuit further contends that at the time of purchase, Ford included an express warranty "under which Ford agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there is any failure in utility or performance for a specified period of time."
Just weeks after buying the Ford F-150, Potter alleges the truck began having transmission problems. "At least two different authorized Ford dealers confirmed the existence of transmission problems and conducted various transmission repairs during the express warranty period," the lawsuit states.
Potter' attorney sent a letter to Ford stating that due to the vehicle' ongoing transmission problems Ford should repurchase the vehicle, according to Ford's obligations under the Song-Beverly Consumer Warranty Act. While Ford agreed to repurchase the vehicle, the car manufacturer included "certain qualifications and deductions."
Those deductions involved the cost to repair a cracked windshield, as part of "abnormal wear or collision damage." Additionally, Ford's buyback price did not include the registration fees as is required under the Song-Beverly Act. Not did the buyback price include the "non-Ford" extended service contract that Potter purchased for $1,615. Finally, Ford did not include the thousands of dollars that Potter spent to insure the truck, which the lawsuit also claims is required under the Song-Beverly Act.
"Ford's proposed repurchase offer communicated to Mr. Potter falls several thousand dollars below what Ford is required to offer Plaintiff under the Song-Beverly Act," the lawsuit states.
Potter alleges Ford is in violation of California's Song-Beverly Act, which stipulates that car companies must either repurchase or replace a vehicle that it isn't able to repair according to their express warranties provided that consumers have made "a reasonable number of attempts" to have the defect repaired.
Potter filed the class action lawsuit on behalf of himself and all California consumers who purchased a vehicle from Ford in the last four years and faced repurchase or replacement offers with deductions in violation of the Song-Beverly Act and California's Unfair Competition Law and Consumer Legal Remedies Act.
Potter is represented by by Dara Tabesh of EcoTech Law Group PC, and Payam Shahian and Karen Nakon of Strategic Legal Practices APC.
Class Action Legal Help
If you or a loved one has suffered similar damages or injuries, please fill in our form on the right and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
My check for the buyback of my 2013 Fiesta is set to arrive today. My question is will I still be able to get the check if I have a crack in the windshield and the right side window is missing. I have a replacement window for the back but just haven't put it in.
Posted by Ms.Nancy
on
Bought a 2010 Ford Edge ..6 months after purchase got a letter saying it had a recall on airbags and was dangerous .To not have anyone in the passenger front seat.1 1/2 years later repair still not done ..but now got another letter saying they will give rental vehicle til parts are avaliable ..whenever that is ..also found out in the area I live in could cause the gas tank to rupture or explode ..Shouldn't they have to not just recall the vehicle but buy it back. have no idea how long on the gas tank ..
Posted by james
on
I have just accepted a settlement ..to buy back my car, but it includes replacing the cracked glass and tires and other minor things..I am trying to find out the outcome of the case..I cannot talk about my settlement..but Iam curious if I am being cheated..I read of the case of potter v ford 1:13-cu-05095..but cant find the results of the case..
Posted by Kathleen
on
I have 2015 Ford Edge. Severe water damage due to panel leakages which resulted in electrical issues. Could not unlock vehicle with FOB. Warning bells engaging, lights going on and off, Sync panel unresponsive, rattling noises at speeds of 70mph. The vehicle has been at dealership repeatedly. The leaking has continued. The seatbelt mechanism on the drivers side will not release. Temperature control function malfunctions. Turns ac on when it's cold. Sound dampening at speed reduction has never worked. Dealership service have replaced components. Electrical malfunctions still present.
Posted by Brenda
on
My car is Ford Edge it leaks in the floor board and around the hooks. It has been towed several times. I am trying to negotiable a buyback but they refuse. I have a lawyer
Posted by Alysia thurman
on
Just recieved a letter from them offering to buy back my troublesome vehicle. What should I expec????? Who knows, they are very vague.
Posted by Dan
on
I have a 2016 explorer with a water leak. Bought in late June, back to dealer three times already they've had it three weeks already, each time they can't duplicate the problem. How do I proceed ?
Posted by Golderina Venson
on
I have a 2015 Ford Explorer. My lease is up May 2017. I have over 24,000 miles so I know I don't qualify for the lemon law. However, I feel there may be some other suggestions as to my next step.
This is my third time taking the vehicle back to the ford dealer. This time it is multiple complaints. The passenger front window rattles (shakes) when you roll it down. The car jerks back while accelerating. It also idles fast after starting the car. The car slides either right or left when making sharp turns.
My SUV has been in the shop since Monday, today is Thursday. I have not had a status update yet. When I call they just say it's in the shop. I have no clue what is being worked or if anything is being worked on. I also did not receive a loaner car. I was offered a ride home by shuttle bus and that's it. I'm very disappointed in Ford at this point.
Posted by Don Aldell
on
Bought a diesel F250 2015 . Have had it in shop 4 times with DEF pump problems. Brought it to dealer in Temecula and they claimed it had been "sabotaged" by someone pouring diesel fuel into the separate DEF system. I had checked the tank the morning I brought it in. So the only possible "sabotage " was by the mechanic. They told us to turn it into our insurance . This makes our insurance pay $3,000.00 to cover what was warrantee work. Is this insurance fraud? Now after vandalism, our warrantee is negated as is the lemon law warrantee. Pretty clever scam .!!!!
Posted by dave fast
on
bought a used 2015 f150 with 9 k on it within the first 2 weeks 4wd wasn't working took it in got it fixed, the next month again 4wd wasn't working took it back in and had another part replaced. 2 months later and less than 10k miles after purchace the motor started knocking and lost all oil pressure. Now motor is out of the vehicle less than a 1000 miles after dealer oil change. Ford is replacing the motor and turbos. 1 turbo is on backorder no clue when i will see my truck again. I financed my sales tax into this truck planning on keeping for several years...now im without a truck and looking at taking a huge loss trading it back in? What kind of options do you get for that. Apparently the dealer I bought it from knew it had been in shop 2 times previous for oil pan issues, and their faulty work has now cost me a truck in the long run. OPTIONS???
Posted by Barry bannister
on
I bought a 2016 Ford Explorer,when I picked it up the head lights had water in them after 2 weeks I took it back to dealer they contacted ford and replaced 1 of the lights,I also noticed in one of the door jams you can see thru the paint,I also have had problems with the radio it plays only every now and then, the transmission hangs up in low gear and you have to pull over and put it park and start over,then going down the hwy. at 70 mph a very loud bang and fire blows up in front around the hood and black smoke is pouring out of the back.
I could have been killed,ford put a new motor in and now loud poping in front end and they say it needs a new rack,after being a ford owner most of my life and working for ford I have never seen anything like this
Posted by Robert
on
AI have a 2016 Ford Explorer, a law firm, and a settlement, but not a lemon law settlement. The front left wheel well rattles still after 4 trips back to the seller. Ford has ruled NOT a Lemon Law. No one from Ford Corp has ever evaluated my car. I can't wait to get rid of this SUV.
Add Your Comment on This Issue
Request Ford Lemon Law Legal Help
Please complete this form to request a review of your complaint by an attorney.
There is absolutely no cost to you to submit this form. Doing so places you under no obligations and does not establish an attorney-client relationship.
