Imagine buying a brand-new, premium SUV only for Jeep Wagoneer defects to turn it into an undrivable safety hazard. At just under 5,000 miles, one plaintiff’s SUV suffered a catastrophic catalytic converter failure and other major low-mileage defects that caused extensive cylinder damage. The damage was so bad, technicians eventually performed a total engine replacement.
When large manufacturers like FCA USA fail to fix a vehicle after a reasonable number of attempts, the Song-Beverly Act provides a clear path to a lemon law buyback.
When a new vehicle spends weeks in the shop
A brand-new vehicle should never require a new powertrain, let alone spend months sidelined at a dealership. But in the plaintiff’s case, her SUV spent a total of 52 vehicle downtime days in the shop while technicians failed to fix the problem.
Under California’s Song-Beverly Act, a vehicle qualifies as a “lemon” if it spends a cumulative total of 30 or more repair days for warranty covered defects. This 30-day out-of-service rule doesn’t require consecutive repair days, and applies to different defects combined.
To be a lemon law trigger, the 30 days must happen within the first 18 months of delivery or 18,000 miles of ownership, whichever comes first. If repair delays occur due to circumstances out of the manufacturer’s control (e.g., nationwide parts strike), those days may be excluded from the 30-day tally.
However, proving the 30-day timeline can be difficult without a warranty service record. Service records create a paper trail, which is the foundation of a lemon law claim. Without them, even legitimate warranty claims can be denied.
Records you need
Every time your vehicle is serviced, keep the following records:
- Repair orders
- Service invoices
- Parts receipts
- Maintenance logs
- Dealership records
Before leaving the shop, check that each record is accurate. Together, your documentation should show the reported defects, shop dates, total downtime, and under what conditions your warranty applies.
Demanding a repurchase from FCA USA
A two-month stay in the shop for structural damage, electrical issues, and a total engine replacement destroys any owner’s confidence. But under Song-Beverly § 1793.2, consumers have remedies and are entitled to a replacement or repurchase (buy-back) of defective vehicles.
By filing an FCA lemon law demand, owners can enforce their Jeep repurchase rights to recover their losses, minus a statutory mileage offset calculation based on the mileage before the first shop visit. If a manufacturer willfully ignores its legal duties, they can be ordered to pay a civil penalty up to double the damages.
Has your Jeep or car spent weeks sidelined for failed warranty repairs? Don’t wait for the manufacturer to make it right. Contact lemon law attorney Brennan Law today and get the buyback or compensation California law allows.
