Buick Encore Lemon Law

Yes. Repeated turbocharger failure on your Encore is a substantial impairment of the vehicle's use and value under the Song-Beverly Act. If the dealer has attempted to repair the turbo system two or more times without success, or if the vehicle has been out of service for a cumulative 30 days, the vehicle may be presumed a lemon under California law.

No. California does not require you to participate in the manufacturer's arbitration program before filing a lawsuit under the Song-Beverly Act. While Buick may offer its own dispute resolution process, it is entirely voluntary. You have the right to file a civil action directly and recover attorney fees if you prevail.

The manufacturer is allowed to deduct a mileage offset for the miles you drove before the first repair attempt for the defect. The formula is based on the purchase price multiplied by the miles driven before the first complaint, divided by 120,000. Any miles driven after the first repair attempt do not count against you.

Keep all repair orders, dealer invoices, and written communications with the dealership and Buick customer service. Record the dates your vehicle was dropped off and returned, as cumulative days out of service are critical under the Song-Beverly Act. Photographs, videos of the defect, and a personal log of symptoms can also support your claim.