When Marisa Penate bought a brand-new Toyota Sienna, she says safety was her top priority.<\/p>\n
The grandmother from Mount Airy in Philadelphia paid more than $63,000 in cash for the vehicle using retirement savings. She needed a minivan large enough to transport her four young grandchildren.<\/p>\n
“The most important thing, I bought it because it was safe,” Penate said.<\/p>\n
Months later, Penate says that sense of security disappeared when a recall notice arrived from Toyota.<\/p>\n
Recall warned owners not to use second-row seats<\/p>\n
Penate purchased the 2025 Toyota Sienna last March.<\/p>\n
In December, Toyota notified owners of certain 2025 Sienna vehicles that second-row seat rails may have been improperly welded. The recall notice warned that in certain high-speed crashes, the seats could lose structural integrity, increasing the risk of injury.<\/p>\n
Penate says she immediately thought about her grandchildren, who regularly rode in those seats.<\/p>\n
“Panic! I said, ‘Oh my God, I’ve been driving my little babies,” she said.<\/p>\n
The recall notice also included a recommendation from Toyota until repairs could be completed.<\/p>\n
“The warning says, ‘no one sit in or use a child restraint in the second row \u2026 until the remedy is performed on the vehicle,'” Penate said while reading from the notice.<\/p>\n
Toyota informed owners that dealers would replace the affected seat rails at no cost once parts became available.<\/p>\n
A repair wasn’t available<\/p>\n
Penate says when she brought her Sienna to the dealership, she learned there was another problem.<\/p>\n
There was no repair available yet.<\/p>\n
Attorney Bob Silverman, who now represents Penate, says situations like this have become increasingly common across the auto industry.<\/p>\n
“You’ve got these recalls, ‘hey your car’s unsafe but we can’t fix it,'” Silverman said. “That’s crazy.”<\/p>\n
Consumer Reports has found<\/a>\u00a0millions of vehicles are recalled each year before a remedy is ready, leaving some consumers waiting weeks, months, or even years for repairs.<\/p>\n Penate told CBS News Philadelphia her Sienna remained out of service for 102 days while waiting for replacement parts and repairs.<\/p>\n She was provided with a loaner vehicle during that time.<\/p>\n Lawsuit seeks buyback under Pennsylvania Lemon Law<\/p>\n Penate filed a lawsuit in Philadelphia’s Court of Common Pleas alleging the vehicle qualifies as a lemon under Pennsylvania law because it was out of service for more than 30 days due to a warranty-related defect.<\/p>\n Lemon laws are different<\/a>\u00a0in every state.<\/p>\n Penate is asking Toyota to buy back the vehicle and refund the purchase price, along with other damages and attorney fees.<\/p>\n Court filings show she initially tried to work directly with Toyota to resolve the issue, including seeking a trade-in or buyback. When those efforts failed, she filed suit.<\/p>\n Toyota declined to address the allegations.<\/p>\n A spokesperson told CBS News Philadelphia the automaker can’t comment on pending litigation.<\/p>\n What drivers should do when a recalled vehicle can’t be repaired<\/p>\n Silverman says consumers should not ignore recall notices, especially when safety concerns are involved.<\/p>\n “Read those recalls carefully,” he said. “You should immediately contact the manufacturer and the dealer and say, ‘fix my car, and if you can’t, put me in a safe car while I’m waiting,’ and document everything.”<\/p>\n He advises drivers to keep:<\/p>\n Repair ordersEmailsText messagesRecall noticesRecords of conversations with dealers or manufacturers<\/p>\n That documentation, he says, can become crucial if a dispute develops later.<\/p>\n For Penate, the case is about more than a vehicle.<\/p>\n “You have rights,” she said. “You have rights, and you need to exercise them.”<\/p>\n What consumers should remember<\/p>\n If your vehicle is recalled and a repair is not immediately available:<\/p>\n Read the recall notice carefullyAsk the dealer for written documentationRequest a loaner vehicle if safety is a concernSave every repair order, email and text messageKeep records of all communications with the manufacturer and dealership<\/p>\n Consumer advocates say those records can make a significant difference if a warranty, recall or Lemon Law dispute later arises.<\/p>\n Looking for help with a consumer issue? Click here to submit your complaint to In Your Corner.<\/a><\/p>\n \n More from CBS News\n <\/p>\n