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UPDATE: On April 29, 2019, the judge in the CarMax Defective Vehicles class action lawsuit granted a motion for summary judgment in favor of the defendant. Top Class Actions will let our viewers know if we learn of any new CarMax class actions filed.
CarMax has requested that a California federal judge throw out a proposed class action lawsuit claiming that the used car dealer knowingly sells defective cars.
According to CarMax, the customer who brought the car defects class action lawsuit hasn’t presented evidence to back up his claims that the car dealership tried to pass off defective cars as functional ones.
The motion for summary judgment from CarMax was filed the same day that consumers filed a motion for Class certification of California CarMax customers.
The CarMax car defect class action lawsuit was filed by plaintiff Anthony Gilbert Santos in 2017. He argued that he purchased a 2002 Ford F-150 from CarMax, not knowing that the vehicle had been included in a Ford safety recall. He says that the vehicle burst into flames in 2014 when it was turned off and parked in his driveway.
According to Santos, CarMax sells many cars that have been subjected to recalls, and he aims to represent himself and all other CarMax customers who purchased a recalled vehicle from CarMax between 2006 and 2010.
Santos states that the class period ends in 2010 because in 2010, CarMax added arbitration agreements to their sales agreements.
The CarMax class action lawsuit claims that a CarMax employee assured Santos that the Ford F-150 was free of defects, and said that it had been inspected.
According to Santos, he was offered a 30-day warranty that stated that the truck was in “top condition” at the time of purchase.
However, Santos’ CarMax class action lawsuit argues that CarMax knew or should have known that the vehicle was subject to a recall and therefore was not in “top condition.”
“Plaintiff is one of thousands if not hundreds of thousands of customers of CarMax in California who were misled as to the quality of their vehicles because of CarMax’s false representations,” Santos states.
However, CarMax has shot back against these claims, saying that Santos has not been able to prove that the truck fire was a result of the defect that led to the recall.
The used car dealer also says that Santos has not shown that his particular vehicle was defective — just that it was part of a group of vehicles deemed defective.
CarMax’s argument states that “Santos lacks even a scintilla of evidence showing that CarMax knew of the recall, much less a defect.”
CarMax further claims that Santos filed for bankruptcy in 2010 and was discharged from bankruptcy in 2015, releasing him from certain debts.
According to CarMax, Santos did not mention that he had the Ford F-150 truck that he purchased from CarMax. CarMax argued that he hid this asset from creditors assessing his finances and is now attempting to “turn around and seek cash for himself” in filing the CarMax class action lawsuit.
Based on this claim, CarMax argues that the court should dismiss the CarMax defective vehicles class action lawsuit.
Santos and the other CarMax drivers are represented by Brian S. Kabateck, Christopher B. Noyes, Brian Hong and Joana Fong of Kabateck LLP and by Edward W. Hess Jr. of the Law Offices of Edward W. Hess Jr.
The CarMax Defective Vehicles Class Action Lawsuit is Santos v. CarMax Inc., et al., Case No. 3:17-cv-02447, in the U.S. District Court for the District of Northern California.
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37 thoughts onCarMax Wants Defective Car Class Action Lawsuit Dismissed
I bought my cadillac cts in 2018 in 2021 I discovered the clear coat coming off ,.I investigated and found the car had been repainted. the car is black and used to be beige.The car fax that carmax provided said 0 accidents and no changes.I asked carmax about this .After several call they said a fender had been replaced confirming that it had been wrecked.At point of sale they told me it had never been in any wreck or other wise.This is a federal offence I have pending law suite IF an one else has this kind of problem post we need to stop carmax fraudulent ways PUT THEM OUT OF BUSINESS.
bought a 2016 Chevrolet equinox in December 2022 its been in the shop 6xs. Finally got it back yesterday after 39 days. Broke again this am no warnings lights They want to keep repairing it but i dont feel safe3 putting my kids in this car
I purchased a 2010 Buick LaCrosse CXL from Carmax in Loveland CO. Problems with car since day one. Second day took it in for defective mirror, loose seals, car pulling when driving but they did not fix issue and other minor repairs but it did state 100 plus inspection before purchase. And mind you I did pay an extra few thousand for a poor extended warranty. After 30 days were up car just up and stops starting and will sometimes shut off without warning. Also engine light comes on with a reading of Catalytic Converter Bank 1 below threshold. Warranty will not cover part so another 1400 I spent to fix it and then the Bank 2 comes on. It’s a money pit and I will never buy anything from Carmax ever. The financial institutes that they use are also poor with there high interest rates and PO Box addresses. Sad
Colorado Springs Carmax sold me a 2013 Kia Sportage in March 2019. In October 2020, less than 60,000 miles on the car, the engine blew. Repairs cost almost $7500 and I still owed 13,000 on the car. The engine light never came on, there was no warning at all. I learned after the fact that there should have been a transferable 10-year warranty on the car. I find it hard to believe that they didn’t know about the problem with the engine when they sold it too me. How can I find out if I qualify?
Hi, I just bought a car a month and a half ago. I didn’t know anything about recalls because I had a Toyota Sequoia that i bought from the Toyota dealer that never gave me one problem.
When the Carmax guy sold the car to me he did mention the recalls but he said I can take it to the dealer and they’ll fix it.
But for my surprise the service guy at the Acura Dealer said that they are not supposed to sell a car with any pending recalls .. my car had two from almost two years ago .. how can they not take it to fix if they are not going to pay for it ? That’s negligent!
I called the Carmax dealer, after transferring me 3 times I spoke with Leslie (manager) at the dealer in Duarte, CA.
After more than 30 minutes of excuses from her and me claiming and asking her why they did fix the car ? She said it’s because “the Acura dealer will work better with a customer than with them as a dealer and it’ll be easier for me to fix “
OMG that was her excuse …
My concern is that one of the recall is regarding the Fuel Pump Control and this recall was issued back on 1/30/19 ! Almost two years ago and you don’t have to be an expert to think that not fixing the issue will damage other parts of the fuel system.
They are so negligent .. they sell cars claiming they are the best ..?
Is there anything I can do to get included in this law suit ?
Add me please.
We tried to purchase a used vehicle three (3) times from CarMax. They were all defective goods. On September 23, 2020, We returned the 2017 Chevrolet Colorado back to the dealership. We told the Service Center that the vehicle was defective, and that it vibrates/shakes intensely starting at 45MPH. Day after, CARMAX called us at home and left a voice message that was not clear to understand. We called them back to find out that CARMAX said they could not/would not fix the problem because it was the manufacturer’s defect. We needed to fix the problem on our own. A day or two later, we spoke with the Sales Manager and told him that since the vehicle was defective, they needed to refund us our money and returned other set of keys to them and that they would do a full return at this
time for the Colorado(s). The Sales Manager said, sure “we are open until 9PM, you can drop it anytime.” The next day we drove to CARMAX-Jacksonville 11335 Atlantic BLVD to drop the key; but the Manager gave us a hard time. We told them, we do not desire chaos. There are enough in the world. We just need our money back please ($2000 deposit). And, we asked them to remove our names on the title of their vehicles and from the credits agencies– In order that we will not have any trouble financing another well-functioned vehicle? This has been going on for almost one year now. They falsely reported to the credits agencies that we were in possession up until last month; and they had they had to charge off the debt. This is malicious, fraud, unethical, and a violation of our constitutional rights under the Consumer Fairness Act.
My daughter bought a car from CarMax in May, 2020. 4 days after their 3 month in house warranty expired, the transmission failed. While being replaced by our local dealership under the manufacture warranty, she asked to have the nasty radiator flushed. Upon picking up the car, she learned the engine has Some major issues and needs to be replaced, along with the radiator. I cannot get anyone to call us back or respond to us.
Bought a Tiguan from Carmax, didn’t know the car had recall after recall. When it initially broke down I took it to them and they told me they don’t work on engines. How can a thorough inspection be done if they have no clue about engines?
I have spent over $8000 on this car, still owe $7000 and nothing can be done.
CarMax needs to be shut down, they are knowingly selling cars, with a nonnegotiable price, that they claim are “quality, free from problems”
Hello what didthe Business Bureau tell you?
How can i get on this class action i brought mines oct 15 2019 and boy oh boy i got details and facts to back mines which carmax still have the car today. From Columbia SC felt like was sold a lemon car and they will indeed keep your car prolong and don’t work on it at all and when you call corporate nothing gets done at all
I understand completely how you feel I’m disable and bought a focus from carmax its a lemon come to find out its been having transmission issues since 2013 and mind you the car is a 2012 has under 80,000 miles smh so I got the extended warrenty and had to take it in to get servicedit need motor mounts &coolant had leaks now its gone from Bad to horrible so any info you get please share with me and I’ll do the same
I will also take any information you get!! I bought an Infiniti QX60 40 days ago!!! So far, the truck has had a bad transmission and the acceleration pedal got stuck in the “pushed in” position while driving on the highway! I nearly died with my car reaching 95+ mph!
CarMax show me a Ford Fiesta 2012 with transmission issue what can I do about this there’s a class-action lawsuit for the transmission
How do I get in on this class action suit? The same thing happened and is still happening to me. I bought mines from a Carmax in MD.
I bought in in md 2. What have you done. I’m freaking out. I’ve had this car 4 months.