Does ECU failure twice mean I bought a lemon?

I don’t think they would consider the computer system a “safety defect”.

It would be a Nonconformity

A ‘nonconformity’ is a defect that “substantially impairs” the use, value or safety of the motor vehicle making the vehicle unreliable, unsafe for ordinary use or diminished in resale value compared to equivalent vehicles.

1. Unrepaired Nonconformity
A ‘nonconformity’ covered by a manufacturer warranty where:

  • The ‘nonconformity has been subject to diagnosis or repair four or more times including at least once during the period of the manufacturer’s written warranty and during the“eligibility period” (see What Is The Eligibility Period?)

  • The nonconformity continues to exist

  • The consumer sent a written request to the manufacturer asking for repurchase or replacement of the vehicle

  • The manufacturer failed to respond or did not reach a resolution with the consumer within 40 days.

Serious Safety Defect
A ‘serious safety defect’ is a life-threatening malfunction that impairs the driver’s ability to control or operate the vehicle, or creates a risk of fire or explosion.

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