We have had our car at a dealership for just over 2 weeks and cannot get a straight answer on if they will fix it under the warranty. The car company and dealership are giving us the run around on if it is covered under the warranty. Do we need a lawyer to get a straight answer?
Your question is not really clear. If it is a new car warranty, they should be able to answer you quickly. You should meet with the service manager and try to get some answers. On the other hand, if the warranty is an extended warranty, the warranty company may be trying to determine if it can blame you or if it can find an exclusion so it does not have to pay for the repair. Again, I would suggest sitting down with the service manager. If you can not get a straight answer, seek the advice of an attorney.
The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.
If the car is a used car, the warranty is based on the mileage of the car when you bought it. There's a chart at http://www.mass.gov/ocabr/consumer/autos/lemon-laws/used-vehicle-warranty-law.html. The warranty period is extended for the length of time it's at the dealer. The dealer is also required to give you a copy of the warranty, otherwise the warranty will continue until you are provided a copy.
New or used, a lawyer can tell you where you stand with the warranty. Hope this helps.
Getting a lawyer after two weeks may be rushing things a bit. On the other hand, contacting the service manager and threatening to get a lawyer may help to speed things up. Good luck!
Gary S. Sinclair is an attorney licensed to practice in Massachusetts and can be reached at 978-887-1006. All answers are based on Massachusetts law or a simple reading of the law in your jurisdiction. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to your question. The information provided should NOT be relied upon for making legal decisions. You will be best served by hiring an attorney in your area who specializes in the field of law pertinent to your question.
You should not need a lawyer to get a straight answer, but it can help. What rights you may have are very hard to tell without knowing a lot more about the sale, the vehicle, the repairs done, and what kind of warranty you think you have. But the run around does not seem fair and does not make sense either. If you have warranty documents, read them over carefully. Can you get a refund on a bad car? Can you make the seller fix it or pay for repairs? Can you get out of having to pay for it or get your money back when something goes wrong with it (like, the description was wrong or the transmission is bad or the engine is blown) through no fault of your own? Maybe, but there’s no way for us to tell without a lot more info from you and actually going over all your sales paperwork too. To get that done, you need to talk to a local Consumer Law attorney near you who deals with your specific kind of case. You can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.USLemonLawyers.com) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). You can also look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And please be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com
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This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. If you need a Consumer Law attorney, click the link above to find a Consumer Law attorney near you.
New or used? Manufacturer's warranty, statutory warranty, or extended warranty? What exactly (or even roughly) is wrong?
Google Massachusetts Lemon Law. There are several, including Massachusetts General Laws Chapter 90, sections 7, 7 1/4 (used) and 7 1/2 (new). Breach of any of these is potentially a breach of the Consumer Protection Act, M.G. L. c.93A.
Call the Mass Bar Association Lawyer Referral. Initial consult is $25.00, bargain of the century.
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