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Discussion Starter · #1 ·
Chevy and I were all set to do a Chevy-approved $41,000+ buyback of my 2017 Bolt EV Premier with less than 16K miles. I bought the vehicle in CA, and moved to PA in 12/2020. I began the buyback process after moving to PA. Chevy sent the buyback papers and check to a California dealership about 10-14 days ago, which I noticed last week, and I contacted my Repurchase Coordinator Juanita B. they should have sent them to a dealer closer to my home in PA. I had informed Chevy early in the process that I had moved to PA, and they still proceeded with the buyback process.

Email 7/9/2021 from the Repurchase Coordinator Juanita B:

"I apologize for the inconvenience but due to the lack of communication from the CDC your case has been processed to cancel. Without a dealership in PA to work with and have confirmation from CEC there is nothing we can do at GM Repurchase. We do not have the capacity to assign dealerships that is something the CEC has to take care of and the repeated asking with no resolution and with the check and paperwork back [I believe she's talking about having received this back from the CA dealer to which this was sent by mistake] we cannot proceed. A stop payment has been placed on the check and has been processed. Since your case is no longer in my department there was very little I could do to avoid this outside of the repeated requesting from CEC, and I have no success in that. Even though my request was passed along to your CEC rep and 2 managers in CEC."

Does anyone know what the "CEC" is? How do I get in touch with someone in the CEC? I have called the rep in the CEC -- Amanda and have received no response.

Does anyone have any advice as to how this can be resolved at this point? Thanks so much for helping.
 

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Chevy and I were all set to do a Chevy-approved $41,000+ buyback of my 2017 Bolt EV Premier with less than 16K miles. I bought the vehicle in CA, and moved to PA in 12/2020. I began the buyback process after moving to PA. Chevy sent the buyback papers and check to a California dealership about 10-14 days ago, which I noticed last week, and I contacted my Repurchase Coordinator Juanita B. they should have sent them to a dealer closer to my home in PA. I had informed Chevy early in the process that I had moved to PA, and they still proceeded with the buyback process.

Email 7/9/2021 from the Repurchase Coordinator Juanita B:

"I apologize for the inconvenience but due to the lack of communication from the CDC your case has been processed to cancel. Without a dealership in PA to work with and have confirmation from CEC there is nothing we can do at GM Repurchase. We do not have the capacity to assign dealerships that is something the CEC has to take care of and the repeated asking with no resolution and with the check and paperwork back [I believe she's talking about having received this back from the CA dealer to which this was sent by mistake] we cannot proceed. A stop payment has been placed on the check and has been processed. Since your case is no longer in my department there was very little I could do to avoid this outside of the repeated requesting from CEC, and I have no success in that. Even though my request was passed along to your CEC rep and 2 managers in CEC."

Does anyone know what the "CEC" is? How do I get in touch with someone in the CEC? I have called the rep in the CEC -- Amanda and have received no response.

Does anyone have any advice as to how this can be resolved at this point? Thanks so much for helping.
I would give them maybe a week to figure out what they are going to do with you. If they haven’t done anything, I would call the EV Consierge and ask them if a Small Claims lawsuit served on them could help them figure out what to do.

That isn’t a hollow threat. Although limited in amount, no attorney fees can be recouped, and a no-show is an instant win. Very persuasive threat to a corporation that has more important work for their full time attorneys.
 

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I would give them maybe a week to figure out what they are going to do with you. If they haven’t done anything, I would call the EV Consierge and ask them if a Small Claims lawsuit served on them could help them figure out what to do.

That isn’t a hollow threat. Although limited in amount, no attorney fees can be recouped, and a no-show is an instant win. Very persuasive threat to a corporation that has more important work for their full time attorneys.
Small claims is limited in most cases to $10,000. GM owes him $41,000.
 

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I would give them maybe a week to figure out what they are going to do with you. If they haven’t done anything, I would call the EV Consierge and ask them if a Small Claims lawsuit served on them could help them figure out what to do.

That isn’t a hollow threat. Although limited in amount, no attorney fees can be recouped, and a no-show is an instant win. Very persuasive threat to a corporation that has more important work for their full time attorneys.
Especially when you have a Chevy approved buy back agreement. They can't just say "woops, you have to keep the car because we sent the check to the wrong place" Now that the permanent fix is available for the battery fire concern they are going to do their best to weasel out of the buy back.

You do have paperwork stating that they have agreed to buy back the car right? Personally I wouldn't wait a week, I would make a solid attempt to get it resolved ASAP with the EV concierge and if that don't work lawyer up.

Keith
 

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This is a little complicated. Since you bought the vehicle in CA, I think CA lemon law applies. This is actually in your favor, because PA lemon law only covers the first 12 months of ownership, so it wouln't have helped you with your 2017 Bolt.

Per CA lemon law, GM is compelled to find a CA dealer who agrees to take-back your car and process the buy-back transaction (note that no specific dealer is compelled to do this for GM, so GM is at a disadvantage... like someone looking for a cowerker to cover his shift on a Fnday night).

Obviously, it's a pain if the dealer is in Cali, and you're in PA, but I don't know if CA's lemon law can involve a PA dealer. You might ask the CA Attorney General's office what is supposed to happen when a car bought in Cali, which is then moved out of state, but needs lemon law protection under CA's lemon law. Unfortunately, it's possible that they may tell you that when you move out of state, you forgo Cali lemon law protection. But maybe not.

If you can still work the transaction through the Cali dealer, then that may be your best bet to getting a buyback. I guess the key thing to know is that these buybacks are only done according to state law, and the only state law that might help you is California state law.
 

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This is a little complicated. Since you bought the vehicle in CA, I think CA lemon law applies. This is actually in your favor, because PA lemon law only covers the first 12 months of ownership, so it wouln't have helped you with your 2017 Bolt.

Per CA lemon law, GM is compelled to find a CA dealer who agrees to take-back your car and process the buy-back transaction (note that no specific dealer is compelled to do this for GM, so GM is at a disadvantage... like someone looking for a cowerker to cover his shift on a Fnday night).

Obviously, it's a pain if the dealer is in Cali, and you're in PA, but I don't know if CA's lemon law can involve a PA dealer. You might ask the CA Attorney General's office what is supposed to happen when a car bought in Cali, which is then moved out of state, but needs lemon law protection under CA's lemon law. Unfortunately, it's possible that they may tell you that when you move out of state, you forgo Cali lemon law protection. But maybe not.

If you can still work the transaction through the Cali dealer, then that may be your best bet to getting a buyback. I guess the key thing to know is that these buybacks are only done according to state law, and the only state law that might help you is California state law.
We all need to first understand that GM is using the guidelines for compensation stipulated in lemon law while not conforming to any other aspect of the law. The circumstances don’t align with the lemon law test of 3 attempts to correct the issue. So actually, the “law” isn’t being followed because the criteria has not been met. With that in mind, GM is making it’s own rules state-by-state and also deciding which cases to take or reject.

This whole thing is voluntary by GM, and at the same time shows a level of acceptance of liability by GM. They know that they are going to be looked at without pity by an average jury.

Should anyone want to try their luck in an individual lawsuit should both chose a jury trial and feel confident of an acceptable outcome. People show little pity for massive corporations in these types of civil cases.
 

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The circumstances don’t align with the lemon law test of 3 attempts to correct the issue. So actually, the “law” isn’t being followed because the criteria has not been met
True, but if it went to court, GM would have to claim that the Bolt might have been repaired had it been taken to the dealer three times (in say, March, when no fix was available). I think GM's communication that no permanent fix restoring 100% charging was available in March would be sufficient to rebut that claim. I'd trust a judge on this one.
 

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True, but if it went to court, GM would have to claim that the Bolt might have been repaired had it been taken to the dealer three times (in say, March, when no fix was available).
I don’t know. EVs are a totally different animal than the conventional ICE. Limiting the charge limit was a defensive measure to give them time to develop the actual fix. The actual fix is a software change ... very different from your conventional ICE repair attempt. Would they be given three tries at the software fix before declaring the vehicle a lemon?
 

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My strategy would not be to cite the lemon law other than as a general example of what standard an example of an inheritly soundly designed model experiencing hard to diagnose problems.

That is not the case with the recall battery bolts: ALL are, or may be defective by widespread manufacturer defects.


That is not a lemon case because it is every battery manufactured in Korea by LG. They are all no good.

The more in-line with the legal statutes would be to sue for repurchase of the vehicle in lieu of a full replacement of the DEFECTIVE battery.

A workable strategy would be to force GM to prove that 1) not a single defective battery cell exists in the vehicle in question (yours). 2) the vehicle in question is incapable of experiencing thermal runaway after the software GM proposes to address the issue.

The example of the 2) myth being such happened on July 1, 2021.

As a disclaimer, I am not an attorney. But I have heard that licensed contractors have a better understanding of Business and Professions code than most non-lawyers, and some actual lawyers not specialized to Civil law. I had to pass a test showing I understand how to not screw the public, legally write contracts, and understand what is required to not end up in court after making physical changes to private property.

I personally think that every business that deals with the public should also be licensed to practice, and tested for such. There would be a drastic drop in civil cases if so, it never ceases to amaze me how little both the public and general business owners know about the laws that aren’t common knowledge, which is most of it IMO 🤔


True, but if it went to court, GM would have to claim that the Bolt might have been repaired had it been taken to the dealer three times (in say, March, when no fix was available).
 

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Discussion Starter · #13 ·
Especially when you have a Chevy approved buy back agreement. They can't just say "woops, you have to keep the car because we sent the check to the wrong place" Now that the permanent fix is available for the battery fire concern they are going to do their best to weasel out of the buy back.

You do have paperwork stating that they have agreed to buy back the car right? Personally I wouldn't wait a week, I would make a solid attempt to get it resolved ASAP with the EV concierge and if that don't work lawyer up.

Keith
Oh, yes, we definitely have an offer letter from GM for the $41k buyback that we signed and returned to GM. They even acted on it by sending the $41k check to us to the CA dealer.
 
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