General Motors equipped many of its’ models (see below) with 8-speed and ten-speed transmissions. Owners of these vehicles have experienced transmission problems such as hard shifting, shuddering, hesitation, gear shifting problems, leaks and loss of power. Through the years, GM has issued 13 versions of technical service bulletins related to the shifting alone. There are reports that GM has known about the defect for years and that internal company documents indicate that GM acknowledges that the defective transmissions present a safety defect. Further, GM directed their dealers to tell their customers that harsh shifts were “normal” or “characteristic”. Reports indicate that this defect cannot be repaired, and that GM hopes to cure the transmission defects with a redesign in 2023.
General Motors installed its 8-speed transmission in the following vehicles that have documented transmission issues:
GM owners are also experiencing common issues with their ten-speed transmissions. The problems include gear shifting problems, harsh shifting, slow shifting, vibration while shifting, shaking, slipping gears, stuck in gear, slow throttle response, jerking, shuddering, overheating and clunking noises.
Under state and federal warranty laws, a consumer has a right to be compensated for a vehicle that possesses manufacturing defects that render the vehicle useless or so inconvenient, a reasonable person would not have purchased the vehicle had they known of the defect at the time of sale.
Implied warranties are unspoken, unwritten promises, created by state law, that go from the manufacturer to their customers. In common law states, implied warranties are based upon the common law principle of “fair value for money spent.”
The implied warranty of merchantability is a manufacturer’s basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold. The law says that manufacturers make this promise automatically every time they sell a product they are in business to sell. For example, when you purchase a brand new vehicle, the manufacturer is promising that it does not have defects and operates on the road as expected and intended. If the vehicle jerks and, shudders, stalls or in any manner renders it unsafe or unfit to drive, then the vehicle is not fit for sale as a vehicle, and the implied warranty of merchantability would be breached. In such a case, the law requires the manufacturer to provide a remedy, including compensation for the difference between the vehicle purchased and the vehicle’s diminished value due to the defect.
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