Ford Motor Company Sued for Lemon Law Claim

HELPLINE

On behalf of our client, Lemberg Law recently filed a complaint in the Superior Court of Massachusetts. The case, against Ford Motor Company and Baystate Ford, charges the manufacturer and dealer with breach of warranty under the Magnuson-Moss Act for a defective 2012 Ford Focus. The lawsuit asks for a refund or replacement vehicle.

Our client paid more than $28,000 for her Ford Focus, but has had to take it in at least four times for a defective transmission. When our client brought her Focus into the dealership for the first time, it only had 895 miles on the odometer. The dealership performed a transmission adaptive reset for the transmission range sensor, shift motor, and clutch.

Next, she brought the car in because the Ford Focus wasn’t accelerating properly and our client could hear noise at lower speeds. This time, the dealership replaced the transmission clutch and seals. The next time she brought her Ford Focus in for repair, it was because it’s wouldn’t go from “drive” to “reverse” or any other gear. This time, the dealer installed a new transmission control module assembly.

Next, our client followed the law by sending a demand letter to Ford and giving them one last opportunity to repair the vehicle. The car’s “check engine” light was on, it shuddered and stalled when accelerating, and there was a grinding noise when the car accelerated. This time, the dealership replaced the transmission’s inner and outer input seals and the transmission’s clutch.

The lawsuit charges Ford Motor Company and Baystate Ford with breach of warranty, breach of implied warranty of merchantability, and breach of express warranties. It also charges that Ford and Baystate violated the Massachusetts Unfair and Deceptive Practices Act.

8 COMMENTS
  • David W

    Can Ford Motor Company be sued for delaying actual repairs to run out the Purchased Extended Warranty Repair Time. There are too many COMPLAINTS listed against Ford Motor Company with NO LIABILITY AGAINST FORD?

  • Diana O'Connor

    I Bought a 2008 for over 20,000 after purchasing the premium extended warranty. I have had so many issues with the car. The power steering went out and they fixed it. I have had the ignition/starter worked on twice. The transmission was jerking and shifting rough so I took it in several times. They worked on the transmission many many times. I left and the car was leaking bad so I took it back and they said they lifted it up on the ramps to look at it and it must have broken the gaskets loose. They finally “said” they replaced the transmission and had my car 5 weeks that time. The have replaced so many gaskets they say, but it continued to leak. The air conditioner went out 4 times and the 5th time just before the warranty expired. The window was going up very slow and making a loud noise and they fixed it but it still didn’t work right. The transmission still shifted hard and jerked. The heated seated went out and they said they fixed it but it still didn’t work well. The back wells around the wheels are rusting from under the area. The ceiling material is coming down and I tried to glue it back up. I have had it worked on so many times and they often keep it at least 1 to 3 weeks except the one time when they had it 5 weeks. Each time I got it back it ran worse then when I brought it in and I told them nicely but every time I came in the made me feel like I was a bother to them and were very intimidating. I and a single mother and felt very uncomfortable when they would say well you need to replace the tires, which I did but I bought the tires somewhere else because it was cheaper. But they always said I needed to have them do other things while I was explaining what was wrong. The things they said I did, like the battery I bought somewhere else. It was always clean and shiny when I took it in and I took very good care of my car. I got the oil changed on time and it was well kept. But it ran so bad. The ABS light was on and the brakes weren’t running right. They worked on that. The papers said the engine oil pan leaked and they replaced the gaskets. The car intermittently wouldn’t start they said it was electrical. The car had 307 miles left on the premium extended warranty and I was afraid to take it to the same Ford dealership because I needed it fixed right. It was running really bad and the air had gone out again. I took it to a different dealership and they got the air running and said I had a gasket leaking and said they replaced it. After I left it wasn’t long and the 300 miles left on the warranty ran out and a week later the air went out again. It wasn’t shifting very good. It was running rough. It started running so bad I quit driving it. I had it towed to a mechanic shop and they said the engine had coolant or something leaking into it. So that is what the real problem the whole time they just didn’t want to replace the engine. They were waiting for the warranty to run out so I would pay for it. It still doesn’t have a lot of miles even though its used. I know it is their fault the car isn’t fixed right because of all the problems I had and how bad it ran and leaked when I left the dealership after they fixed it. The air has gone out 5 times. I have a stack of papers from the repeated repairs and as I went through them I remembered they didn’t always give me papers because they said well you just had it here for that. Now I know they just didn’t fix it and didn’t want me to have the papers. But I have enough that it shows they fixed the same things over and over and how bad the leaks continued to get. I haven’t been able to drive it for at least 8 months and I still owe monthly payments on it until next September. So it will have sat without running for one year without being able to drive it because it won’t run by the time it’s paid for. I had it towed to the Olathe Ford Dealership where I bought it and bought the premium extended warranty and they said they would not fix it unless I paid for it. I can’t believe how they have taken advantage of me. I wish I would have complained and been forceful. I actually trusted them for a long time until I realized they were just waiting for the warranty to run out and I know they knew it had major issues. The car still looks nice but won’t run, the passenger door won’t open, the engine is bad, the air is not working again. I noticed the seat belts had rust on them and I tried so hard to get it off. Also other areas had rust on the inside. I wonder if maybe it had either been in a wreck or in a flood and they cleaned it up and resold it. If it was all done at Ford they maybe just didn’t report it as I did a car fax on it. The car has been a nightmare and they are in the wrong I just don’t know what to do. The loan was for over 25,000 to pay for the car. I NEED AN ATTORNEY AND I WOULD APPRECIATE YOUR INPUT. MY WARRANTY HAS RUN OUT NOW AND THE CAR HAS BEEN SITTING AND I AM STILL PAYING FOR IT. PLEASE HELP ME IF YOU THINK YOU CAN. MY FRIEND RECOMMENDED YOU. I WILL SINCERELY APPRECIATE YOUR HELP. I KNOW I SHOULD HAVE DONE SOMETHING SOONER BUT I DIDN’T KNOW WHAT TO DO. I LIVE IN OLATHE KANSAS AND IT IS OLATHE FORD I AM DEALING WITH. THANK YOU SO MUCH FOR REVIEWING MY ISSUE, DIANA

  • Diana O'Connor

    Bought a 2008 for over 20,000 after purchasing the premium extended warranty. I have had so many issues with the car. The power steering went out and they fixed it. I have had the ignition/starter worked on twice. The transmission was jerking and shifting rough so I took it in several times. I left and the car was leaking bad so I took it back and they said they lifted it up on the ramps to look at it and it must have broken the gaskets loose. They finally “said” they replaced the transmission and had my car 5 weeks that time. The have replaced so many gaskets they say, but it continued to leak. The air conditioner went out 4 times and the 5th time just before the warranty expired. The window was going up very slow and making a loud noise and they fixed it but it still didn’t work right. The transmission still shifted hard and jerked. The heated seated went out and they said they fixed it but it still didn’t work well. The back wells around the wheels are rusting from under the area. The ceiling material is coming down and I tried to glue it back up. I have had it worked on so many times and they often keep it at least 1 to 3 weeks except the one time when they had it 5 weeks. Each time I got it back it ran worse then when I brought it in and I told them nicely but every time I came in the made me feel like I was a bother to them and were very intimidating. I and a single mother and felt very uncomfortable when they would say well you need to replace the tires, which I did but I bought the tires somewhere else because it was cheaper. But they always said I needed to have them do other things while I was explaining what was wrong. The things they said I did, like the battery but somewhere else. It was always clean and shiny when I took it in and I took very good care of my car. I got the oil changed on time and it was well kept. But it ran so bad. The car had 307 miles left on the premium extended warranty and I was afraid to take it to the same Ford dealership because I needed it fixed right. It was running really bad and the air had gone out again. I took it to a different dealership and they got the air running and said I had a gasket leaking and said they replaced it. After I left it wasn’t long and the 300 miles left on the warranty ran out and a week later the air went out again. It wasn’t shifting very good. It was running rough but they said just 300 miles earlier that it wasn’t anything. It started running so bad I quit driving it. I had it towed to a mechanic shop and they said the engine had coolant or something leaking into it. So that is what the real problem the whole time they just didn’t want to replace the engine. They were waiting for the warranty to run out so I would pay for it. It still doesn’t have a lot of miles even though its used. I know it is their fault the car isn’t fixed right because of all the problems I had and how bad it ran and leaked when I left the dealership after they fixed it. The air has gone out 5 times. I have a stack of papers and as I went through them I remembered they didn’t always give me papers because they said well you just had it here for that. Now I know they just didn’t fix it and didn’t want me to have the papers. But I have enough that it shows how many times they fixed the same thing. I haven’t been able to drive it for at least 8 months and I still owe monthly payments on it until next September. So it will have sat without running for one year without being able to drive it because it won’t run by the time it’s paid for. I had it towed to the Olathe Ford Dealership where I bought it and bought the premium extended warranty and they said they would not fix it unless I paid for it. I can’t believe how they have taken advantage of me. I wish I would have complained and been forceful. I actually trusted them for a long time until I realized they were just waiting for the warranty to run out and I know they knew it had major issues. The car still looks nice but won’t run, the passenger door won’t open, the engine is bad, the air is not working again. I noticed the seat belts had rust on them and I tried so hard to get it off. Also other areas had rust on the inside. I wonder if maybe it had either been in a wreck or in a flood and they cleaned it up and resold it. If it was all done at Ford they maybe just didn’t report it as I did a car fax on it. I know the car has been a nightmare and they are in the wrong I just don’t know what to do. The loan was for over 25,000 to pay for the car. I NEED AN ATTORNEY AND I WOULD APPRECIATE YOUR INPUT. MY WARRANTY HAS RUN OUT AND THE CAR HAS BEEN SITTING AND I AM STILL PAYING FOR IT. PLEASE HELP ME IF YOU THINK YOU CAN. MY FRIEND RECOMMENDED YOU. I WILL SINCERELY APPRECIATE YOUR HELP. I KNOW I SHOULD HAVE DONE SOMETHING SOONER BUT I DIDN’T KNOW WHAT TO DO. I LIVE IN OLATHE KANSAS AND IT IS OLATHE FORD I AM DEALING WITH. THANK YOU SO MUCH FOR REVIEWING MY ISSUE, DIANA

  • Chris

    Same problem here with a 2013 Fiesta. Been to 2 dealers, Ford corporation and no results. Worse thing is trade in is 1/2 of whats owed.

  • Nits

    I have a 2013 ford escape eco boost. The transmission also went out and now I’m dealing with severe coolant leaks. Ford fixed the leaks 5 times and its still leaking. We have 2 xtra warranties but none cover the hoses. Ford is a rip off, they lost me as a customer.

  • Simon Willis

    Same problem with my 2015 ford focus transmission has been worked on 4 times including today

  • Chris mooney

    Having similar exact issues, had all things replaced under warranty now I am 6,000 over my clutch warranty and they won’t even touch it after I had the TCM module replaced twice….. I also had cluster on dashboard replaced had all same systems as your client . I have a 2012 Ford Focus. I have two kids and almost caused me on a huge accident on the high way when the car would not move it just stopped driving and me and my family almost got into a huge car accident. Now I am with no car and screwed excuse my language. Please help with anything.

  • Martin medina

    Hello my name is Martin medina and I need legal advice and maybe your representation against ford

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