Does Your 2023 Volkswagen Taos Grind When You Apply the Brakes?

A grinding noise when braking is not something most drivers expect from a relatively new vehicle.

Owners of the 2023 Volkswagen Taos have reported concerns involving brake grinding, squealing, pulsation, and premature brake wear. Depending on the cause, the issue may be something relatively minor—or it may point to a recurring brake-system problem that deserves closer attention.

Volkswagen has also issued technical guidance addressing brake noise or pulsation that includes the Taos. A July 2023 Volkswagen technical bulletin discusses brake noise or pulsation and procedures involving inspection or servicing of front and rear brake discs and pads. (NHTSA)

That bulletin does not establish that every 2023 Taos has defective brakes, nor does a noisy brake system automatically create a Lemon Law claim.

But if your Taos has been returned to an authorized Volkswagen dealer repeatedly because the brakes continue to grind, squeal, pulse, or otherwise perform abnormally, the repair history may become important under Maryland Lemon Law and warranty law.

What Can Cause Grinding Brakes on a Volkswagen Taos?

A grinding noise can have several possible causes.

Brake pads can wear. Rotors can develop surface conditions or irregularities. Hardware can move or fail. Calipers can potentially stick. Road debris can become lodged in braking components. Environmental conditions can sometimes create temporary brake noise.

Because of that, consumers should avoid assuming that every noise has the same mechanical cause.

What matters is having the condition properly documented and evaluated.

If your Taos grinds when you brake, tell the dealer exactly when it happens.

For example:

“Customer states brakes make a grinding noise when vehicle slows from approximately 30 mph and noise becomes louder after vehicle has been driven for 20 minutes.”

That is far more useful than a repair order that merely says:

“Check brakes.”

Specific repair documentation can become extremely important if the condition continues.

Is Brake Grinding Just Normal Wear?

Dealers sometimes respond to brake complaints by saying brakes are “wear items.”

That is true in a general sense.

Brake pads and rotors do wear over time.

But that does not answer every warranty question.

There is a significant difference between brakes wearing normally after many thousands of miles and a relatively new vehicle requiring repeated brake repairs or experiencing recurring grinding shortly after components have been replaced.

Suppose the rear brake pads are replaced under warranty.

The noise disappears for two weeks.

Then the same grinding returns.

The vehicle goes back to Volkswagen, and the dealer replaces another brake component.

Several weeks later, the grinding returns again.

At that point, the issue may no longer be simply whether brake pads ordinarily wear.

A more important question becomes:

Why is the same condition continuing despite repeated attempts to repair it?

That distinction can matter under both Maryland Lemon Law and breach-of-warranty law.

Maryland Lemon Law Has Special Rules for Brake Problems

Maryland’s Lemon Law is particularly interesting when the alleged defect involves the braking system.

According to the Maryland Attorney General, Maryland’s Lemon Law applies to qualifying cars, light trucks, and motorcycles that are:

registered in Maryland, less than 24 months old, and driven fewer than 18,000 miles. (Maryland Attorney General)

The law provides several ways a vehicle may potentially qualify for Lemon Law relief.

One of them specifically addresses brakes.

Maryland’s Attorney General explains that a consumer may potentially qualify where the vehicle has a brake or steering failure that remains uncorrected after the first repair attempt and causes the vehicle to fail Maryland’s safety inspection. (Maryland Attorney General)

That makes Maryland different from states whose Lemon Laws focus almost entirely on three or four repair attempts.

However, a grinding sound by itself is not necessarily the same thing as a qualifying brake failure.

The actual condition must be evaluated.

Maryland’s Four-Repair Rule

Maryland also provides a more general route to Lemon Law relief.

The Maryland Attorney General states that a consumer may potentially be entitled to a refund or replacement where one problem that substantially impairs the vehicle’s use and market value has not been corrected after four repair attempts. (Maryland Attorney General)

For a Taos owner, that could become important if the same brake problem continues despite repeated dealership visits.

Consider a hypothetical history:

Visit 1 — 6,200 miles: Consumer reports grinding when applying brakes.

Visit 2 — 8,100 miles: Rear brake pads replaced.

Visit 3 — 10,500 miles: Grinding returns; dealer services rotors.

Visit 4 — 12,000 miles: Same grinding complaint returns.

That is the type of chronology that deserves careful review.

It does not automatically mean the vehicle is legally a lemon. The statute contains additional requirements.

But repeated unsuccessful repair attempts are precisely the type of history Lemon Laws are designed to address.

Maryland Also Has a 30-Day Out-of-Service Rule

Repair attempts aren’t the only important factor.

Maryland law also addresses vehicles that spend substantial time in the repair shop.

The Attorney General explains that Lemon Law relief may potentially be available when problems substantially impair the vehicle’s use and market value and the vehicle has been out of service for repairs for a cumulative total of 30 or more days. (Maryland Attorney General)

“Cumulative” is important.

The vehicle does not necessarily need to sit at the dealership for 30 consecutive days.

For example:

Eight days during one repair.

Nine days waiting for parts during another.

Six days during a third visit.

Eight more days when the condition returns.

Those days can add up.

That is why Taos owners should keep records showing not just what was repaired but when the vehicle entered and left the dealership.

Maryland Requires Written Notice to the Manufacturer

This is a particularly important part of Maryland’s Lemon Law.

Consumers shouldn’t rely only on conversations with the dealer.

The Maryland Attorney General advises a consumer who believes a vehicle may be a lemon to write to the manufacturer immediately, even before four repair attempts have occurred or the vehicle reaches 30 days out of service. (Maryland Attorney General)

The state’s guidance explains that the manufacturer or dealer must be given an opportunity to correct the defect after the consumer provides the required written notice.

Maryland’s materials specifically discuss sending the manufacturer notice by certified mail. (Maryland Attorney General)

This can be a critical procedural step.

A consumer should not assume that telling a Volkswagen service adviser:

“This is the fourth time I’ve been here”

necessarily satisfies every Lemon Law notice requirement.

Don’t Wait Until the Fourth Repair Attempt to Write Volkswagen

This is a useful feature of Maryland law that consumers often misunderstand.

The Maryland Attorney General specifically states that a consumer does not need to wait until four unsuccessful repair attempts have occurred or until the vehicle has been out of service for 30 days before notifying the manufacturer. (Maryland Attorney General)

That means a Taos owner who has already experienced multiple unsuccessful brake repairs should consider documenting the issue in writing rather than waiting indefinitely.

The notice should accurately describe:

• The vehicle;
• The VIN;
• The defect;
• Dates of repair attempts;
• Mileage;
• Whether the problem continues; and
• How the condition affects the vehicle.

Keep a copy of the letter and proof of delivery.

What Does “Substantially Impair” Mean?

Not every annoyance makes a vehicle a lemon.

Maryland’s Attorney General describes qualifying problems in terms of defects that substantially impair the vehicle’s use and market value. (Maryland Attorney General)

The severity of a brake complaint therefore matters.

A barely audible squeak occurring once after rain may be very different from:

• Repeated grinding while braking;
• Premature brake wear;
• Brake pulsation;
• Reduced braking effectiveness;
• A brake warning light;
• Repeated replacement of brake components;
• A vehicle that cannot pass safety inspection; or
• A continuing condition after several repairs.

The legal analysis depends on the actual facts.

A Brake Problem May Have a Safety Dimension

Brakes are one of the vehicle’s fundamental safety systems.

That does not mean every brake-noise complaint should be described as a safety emergency.

But consumers should take changes in braking performance seriously.

If your Taos requires increased stopping distance, pulls during braking, loses braking effectiveness, displays brake warning messages, or otherwise behaves in a way that concerns you, prioritize safety and have the vehicle inspected.

If you believe the vehicle is unsafe to drive, do not continue driving merely to create additional evidence for a Lemon Law claim.

Safety comes first.

What If the Dealer Says “No Problem Found”?

Intermittent complaints can be difficult for technicians to reproduce.

A Taos owner may experience grinding every morning, only to have the dealership test-drive the vehicle in the afternoon and report:

“Could not duplicate.”

Keep that repair order.

A no-problem-found visit can still document that you presented the vehicle for the condition.

The wording of the complaint matters.

If the repair order says:

“Customer states grinding from rear brakes during first several stops after vehicle sits overnight.”

that can help establish exactly what was reported.

Do not throw the paperwork away simply because no repair was performed.

Volkswagen’s Brake Bulletin May Be Relevant

Volkswagen’s July 2023 technical bulletin concerning brake noise or pulsation included the Taos and referenced service procedures for brake discs and pads. (NHTSA)

A Technical Service Bulletin, or TSB, is not the same as a safety recall.

A TSB generally provides dealers with technical information concerning diagnosis, service procedures, or known conditions.

It also does not prove that a particular vehicle has the condition described in the bulletin.

Still, when a consumer repeatedly complains about symptoms addressed in manufacturer technical guidance, the bulletin may be relevant to understanding how Volkswagen expected dealers to diagnose or service the condition.

Consumers may therefore want to ask the dealer whether any applicable Volkswagen technical guidance relates to their specific VIN and symptoms.

What If Volkswagen Replaces the Brake Pads but the Grinding Comes Back?

Replacing a component is not necessarily the same as correcting the underlying defect.

Imagine the following sequence:

The rear pads are replaced.

The grinding returns.

The rotors are serviced.

The grinding returns.

Different brake components are replaced.

The grinding returns again.

At that point, simply counting the number of replacement parts may miss the larger issue.

The key question becomes whether Volkswagen has actually brought the vehicle into conformity with its warranty.

Repeatedly treating the symptom while failing to identify the cause can potentially become significant in a warranty dispute.

What If Your 2023 Taos Is Now Too Old for Maryland Lemon Law?

This is especially important with a 2023 model.

Maryland’s Lemon Law generally applies while the qualifying vehicle is less than 24 months old and has fewer than 18,000 miles. (Maryland Attorney General)

Many 2023 Taos vehicles will now be outside that statutory period.

But that does not necessarily mean the consumer has no legal remedy.

Maryland Lemon Law and breach of warranty are not identical.

A vehicle can potentially fall outside Maryland’s Lemon Law while still presenting questions under:

• Volkswagen’s written warranty;
• Applicable implied warranties;
• Maryland warranty law; and
• The federal Magnuson-Moss Warranty Act.

The timing of the original complaints can be particularly important.

A Taos may have 45,000 miles today, but if its brake problems began at 7,500 miles and continued throughout the warranty period, the early repair orders may remain highly relevant.

Breach of Volkswagen’s Written Warranty

A manufacturer’s written warranty is a promise to provide specified coverage under specified conditions.

When a consumer repeatedly brings a vehicle to an authorized dealer for a covered problem and the problem is not corrected, the history may raise questions about whether the warranty was properly fulfilled.

A breach-of-warranty analysis may consider:

When did the defect begin?

Was it reported during warranty coverage?

Was the component covered?

What repairs did Volkswagen authorize?

Did the same condition return?

Were repairs later denied?

Did Volkswagen extend coverage on the component?

Was an underlying cause ever identified?

Those questions are different from simply asking whether Maryland’s Lemon Law applies.

The Magnuson-Moss Warranty Act

Consumers may also have potential rights under the federal Magnuson-Moss Warranty Act.

Magnuson-Moss applies to consumer-product warranties and can provide remedies for violations involving applicable written or implied warranties.

It is not a national Lemon Law that automatically requires a manufacturer to buy back a vehicle after a specific number of repair attempts.

Instead, it works alongside state warranty law.

One of its significant features is that a prevailing consumer may potentially recover reasonable attorneys’ fees and costs in qualifying cases.

That can be particularly important when a vehicle does not meet Maryland’s narrow Lemon Law mileage or age requirements but has a documented history of unsuccessful warranty repairs.

Brake Wear Versus a Defective Brake System

Expect Volkswagen to distinguish between ordinary maintenance and a warrantable defect.

That distinction must be evaluated carefully.

Brake pads do not last forever.

But imagine a consumer whose rear brakes need replacement at exceptionally low mileage and then require replacement again soon afterward.

Or an owner whose brakes continue grinding immediately after warranty repair.

Those circumstances raise a different question:

Is ordinary wear occurring, or is another condition causing abnormal wear?

The answer should come from evidence, not assumptions.

Repair orders, pad measurements, rotor measurements, technician findings, photographs, and manufacturer communications may all help.

Keep Every Brake Measurement

If the dealer measures your brake pads, ask for the measurements to appear on the repair order.

For example:

Left rear: 2 mm

Right rear: 2 mm

Front pads: 8 mm

Measurements can potentially help establish a pattern.

Also keep any records showing:

• Rotor thickness;
• Uneven wear;
• Pad replacement;
• Rotor replacement;
• Warranty authorization;
• Denied warranty coverage; and
• Recommendations for future repair.

The more objective information preserved, the easier the history may be to evaluate.

What If You Bought the Taos Used?

Maryland’s Lemon Law can sometimes protect a subsequent owner.

The Maryland Attorney General states that even if the consumer is not the vehicle’s original owner, the law may potentially apply if the original owner purchased the vehicle less than 24 months earlier and the vehicle remains below the applicable mileage threshold. (Maryland Attorney General)

That can matter for a relatively new used Taos.

But the statutory requirements still need to be carefully reviewed.

A used-vehicle buyer may also have other warranty or dealer-related rights depending upon the transaction.

What Documentation Should Maryland Taos Owners Keep?

If your Taos has repeated brake problems, build a complete file containing:

• Purchase or lease agreement;
• Volkswagen warranty booklet;
• Every repair order;
• Brake pad and rotor measurements;
• TSB references;
• Emails with the dealership;
• Text messages;
• Volkswagen customer-care case numbers;
• Certified letters to Volkswagen;
• Proof of delivery;
• Rental-car invoices;
• Tow records; and
• Receipts for brake work you paid for yourself.

Arrange everything by date.

A chronological repair history is often far more useful than a stack of unsorted invoices.

Could Your 2023 Volkswagen Taos Qualify Under Maryland Lemon Law?

Important questions include:

Was the Taos registered in Maryland?

Was it under 24 months old and under 18,000 miles during the applicable Lemon Law period?

Did the vehicle experience an uncorrected qualifying brake failure?

Has the same substantial problem continued after four repair attempts?

Has the vehicle accumulated 30 or more days out of service because of qualifying problems?

Did you provide the manufacturer with appropriate written notice?

Does the problem substantially impair the vehicle’s use and market value?

And if the Lemon Law period has passed:

Did Volkswagen nevertheless fail to fulfill its warranty obligations?

Those are the questions that should drive the analysis.

Contact Ginsburg Law Group About a Volkswagen Taos With Repeated Brake Problems

If your 2023 Volkswagen Taos has repeatedly returned to the dealership because the brakes grind, squeal, pulse, or wear prematurely, don’t assume that repeated brake repairs are simply part of owning the vehicle.

At the same time, brake noise by itself does not automatically establish a Maryland Lemon Law claim.

The vehicle’s mileage, age, diagnosis, number of repair attempts, days out of service, written notice, and complete warranty history all matter.

Ginsburg Law Group represents consumers in Lemon Law and breach-of-warranty matters.

Keep every repair order—including documents stating “could not duplicate,” “normal condition,” “no problem found,” or “wear item.” Those records may become important when determining whether Volkswagen received a reasonable opportunity to correct the problem and whether Maryland Lemon Law, breach of warranty, or Magnuson-Moss remedies may be available.

This article is for general informational purposes only and does not constitute legal advice. Lemon Law and warranty claims are fact-specific, and the law applicable to a particular consumer depends upon the circumstances of the vehicle and transaction.