Options about car dealership and warranty co. not honoring contract

I purchased a car in April. On July 10 we brought the car in to be looked at, it was burning oil. (We also purchased an extended warranty, which claimed to be required by the dealer.) According to thier mechanic the engine needs to be replaced, which is covered under warranty. The warranty company doesn't want to pay for a new engine. Its been nothing but back and forth between the dealer and warranty company. The warranty co. wants the engine sent out to be fixed instead of replaced but we'd have to pay for it. We have been without a car for almost a month and it seems someone is lying or giving us the run around. I was told if I give back the car it will be considered a repossession. I am at a loss as to what else to do. I have filed complaints with both and the BBB.

Chicopee, MA -

Attorney Answers (3)

Robert J McCarthy Jr

Robert J McCarthy Jr

Estate Planning Attorney - Boston, MA
Answered

The Massachusetts Used Vehicle Warranty Law protects consumers who buy used vehicles from a dealer (or private party) in Massachusetts. Remember to maintain complete records from the day you buy your vehicle, keep a diary of problems and repair attempts including the dates of service, the problem you reported and mileage at the time of repairs. See this site for more information: http://www.mass.gov/ocabr/business/autos-transp... (The link is also provided below.)

None of the information or materials posted above is intended to constitute legal advice. Viewing this does not... more
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Edward A. Prisby

Edward A. Prisby

Business Attorney - Southborough, MA
Answered

This is, in my experience, not untypical behavior from car dealers and warranty providers. They're tough to deal with. I suspect this was a used car? This is probably subject to the "Lemon Law" and the dealer may be subject to violations of the Consumer Protection Statute, c. 93A. Feel free to get in touch with me to discuss this further.

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Scott Richard Kaufman

Scott Richard Kaufman

Lemon Law Attorney - Los Altos, CA
Answered

You have a host of options available to you. Under MA lemon law you may have claims against the dealer. You may also have claims against the service contract company. You may even have additional claims against the dealer for refusing to allow you to revoke your acceptance of the vehicle, improperly telling you it would be considered a repo. I hope you have most or all of this in writing.

Contact someone who deals in lemon law and autofraud in your area right away. Find someone competent here:

http://www.naca.net

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