An Elmsford Jaguar dealer that used a 165-point checklist to ensure “1 incredible vehicle,” according to a buyer, failed to detect numerous defects in a used Jaguar.
Atalay Balkanli, of Cliffside Park, New Jersey, accused Jaguar Land Rover White Plains of warranty violations in a complaint filed April 27 in Westchester Supreme Court.
The 2021 Jaguar F-Pace that he bought six months ago “is in pieces” at the car shop, he claims, and “is painted several different colors and is waiting for parts from a war zone.”
Jaguar Land Rover North America, which also is named as a defendant, broadly denied the allegations in a formal response filed on May 10, and asked the court to dismiss the complaint.
Balkanli says that the car he bought last November for $50,588 was not sold as a simple used vehicle, but as a certified pre-owned vehicle that had been thoroughly inspected.
But upon leaving the dealership, he says, he found a cracked windshield, blown out speakers, and a rattling sunroof and door panel.
He brought the car back on Jan. 23, the earliest date that the dealer could give him a loaner car. A month later, Feb. 23, the dealer allegedly claimed that the work had been completed.
The speakers had been fixed and the sunroof had been recalibrated, according to the complaint, but the windshield had not been replaced. Balkanli also concluded that the Jaguar had been in an accident because the hood was misaligned and damaged all the way down to the bumper.
The dealer tried to return the car again on March 1, the complaint states. The windshield still had not been replaced and the crack had been filled with acrylic. Balkanli alleges that the sunroof was not fixed, a door handle was chipped, the area around the shift knob was scratched, the interior was damaged, a glue mark stained the passenger seat, and the hood and bumper had been painted in two colors.
The last time he saw the Jaguar at the car shop, according to the complaint, it was in pieces and it was painted in three colors. Balkanli says he was told that the dealer was waiting for parts from Ukraine and that the whole car would have to be sanded and repainted.
He accused the dealer of violating the Magnuson Moss Warranty Act, a federal law that governs warranties on consumer products; a New York used car warranty law; deceptive trade practices; false advertising; and negligent representation.
He is demanding unspecified damages and replacement of the car.
Jaguar Land Rover North America claims that Balkanli has not permitted “a reasonable number of attempts to repair the alleged non-conformity;” the alleged defects are the result of abuse, neglect or unauthorized modifications; the alleged damages are excluded in the warranty; and “parts delays were caused by war.”
If the court does not dismiss the complaint, Jaguar Land Rover argues, Balkanli should be held responsible for the portion of damages that can be attributed to culpable conduct.
Balkanli is represented by Manhattan attorney Jason L. Greshes. Jaguar Land Rover North America is represented by Manhattan attorney James S. Dobis.
