Subaru Forester Lemon Law

Yes, and this is a particularly strong claim. Engine stalling at highway speed is a safety defect under the Song-Beverly Act. If Subaru cannot fix the fuel pump issue after two or more repair attempts for this safety-related defect, the lemon law presumption applies. You should also report the stalling to NHTSA to create an official record.

Yes. The Song-Beverly Act covers certified pre-owned vehicles that come with a manufacturer's express warranty. Subaru's CPO program includes a powertrain warranty, and defects that arise during that coverage period are eligible for lemon law claims. The key requirement is that the defect must be covered under the warranty that came with the CPO vehicle.

Even if the dealer claims oil consumption is within Subaru's specification, you can still pursue a Song-Beverly Act claim if the consumption level substantially impairs the vehicle's value, use, or safety. Courts have found that requiring an owner to constantly monitor and add oil constitutes a substantial impairment. Subaru's own TSB 02-157-17R establishes that one quart per 1,000 miles triggers a short-block replacement, which can be used as evidence.

Under the Song-Beverly Act, you can recover the full purchase price minus a reasonable mileage offset, or receive a replacement vehicle. Additionally, you can recover incidental and consequential damages including towing costs, rental car expenses, and repair-related expenses. The manufacturer is also required to pay your attorney fees and costs, and willful violations can result in a civil penalty of up to two times your actual damages.