Mazda CX-70 Lemon Law

Phantom braking caused by the Smart Brake Support system is a serious safety defect under Song-Beverly because it can cause rear-end collisions on highways. California courts have recognized that ADAS malfunctions constitute substantial safety impairments. Even two unsuccessful repair attempts for this type of safety defect may be sufficient to establish a presumption that your CX-70 is a lemon.

Yes, the Song-Beverly Consumer Warranty Act applies regardless of whether you purchased your CX-70 outright or financed it. If you receive a refund, the manufacturer pays off the remaining loan balance directly to the lender and refunds your down payment and monthly payments to you, minus the mileage offset. Your credit is not negatively affected by a successful Lemon Law claim.

Persistent interior rattling can qualify under Song-Beverly if it substantially impairs the value or use of the vehicle and the dealer has been unable to fix it. Courts evaluate whether the noise would deter a reasonable buyer from purchasing the vehicle. Widespread dashboard and console rattling that persists across multiple repair attempts has been found to meet this standard in prior cases.

You should consult a Lemon Law attorney after the second or third unsuccessful repair attempt for the same defect on your CX-70. Under Song-Beverly, there is a four-year statute of limitations from the date you first discovered or should have discovered the defect. Acting promptly ensures better documentation and avoids issues with the mileage offset increasing over time.