In 2024, a couple (plaintiffs) purchased a certified pre-owned Blue Advantage Ford expecting reliability backed by manufacturer inspection standards. Instead, they got a vehicle with an unpredictable electrical stall, a burning smell from the inside, and a full shut down in traffic.
Worse, when the dealership finally identified a defective battery junction box, the part was already listed under a Ford recall. Yet the plaintiffs were charged nearly $1,000 out of pocket to fix it.
When a certified vehicle repeatedly breaks down and the manufacturer tries to shift costs to the buyer, the issue may be a warranty violation and a lemon law case.
Repeated defects and recall conflict
At approximately 8,000 miles after purchase, the plaintiffs’ Ford suddenly stalled and shut down. A strong burning smell filled the cabin before the engine went completely dead, making it unsafe to drive.
The vehicle was towed to the shop, where it was stuck in a prolonged repair. Technicians eventually reported no fault codes and replaced the starter, but the repair did not resolve the underlying issue.
Three months later, the same problems returned. The vehicle again stalled, emitted another burnt electrical odor, entered limp mode, and failed to restart. Once more, it was towed to the dealership.
This time, the vehicle remained out of service for nearly a full month. After extensive testing and diagnostics with Ford Field Service Engineers, the dealership recommended a full battery junction box replacement.
But the plaintiffs were shocked to learn the battery box was listed on a Ford Gold Service recall. This meant:
- Ford had already identified the defect.
- The repair should have been performed at no cost.
- The vehicle should not have been certified.
The Gold Certified Inspection
The Ford Blue Advantage Gold Certified Inspection is a 172-point certified inspection of the engine, transmission, and drivetrain. This certification requires all open manufacturer safety recalls to be fixed with genuine Ford parts before a vehicle is sold.
Every Gold Certified vehicle must:
- Be a Ford model
- Be no more than 6 years old
- Have less than 80,000 miles
- Pass a road and safety system test
By knowingly selling the plaintiffs’ car with an active recall (Code 22N19), and demanding $1000 for a no-cost repair, the dealership acted willfully from day one. The plaintiffs choose to take action and send a recall charge dispute.
Demand for buyback and civil penalties
In the plaintiffs’ case, Ford prioritized profits over customer safety and the law. Fortunately, under California Civil Code § 1794 (Song-Beverly Consumer Act) manufacturers can be held accountable for willful noncompliance.
When a willful warranty breach happens, courts may award a lemon law penalty of up to two times actual damages, along with attorney fees and reimbursement for any vehicle downtime and out-of-pocket repair costs.
If you have a certified vehicle failure with a known recall, you may be entitled to a buyback, penalties, and full reimbursement. Don’t accept excuses, delays, or unlawful charges. Contact Brennan Law today to protect your rights.