Results 1 to 5 of 5
  1. #1
    Join Date
    Aug 2015
    Posts
    3

    Default Used Car Dealer Won't Honor its Warranty

    My question involves a consumer law issue in the State of: MA

    Timeline thus far:
    Aug 19 Purchased $11,000 truck from Massachusetts licensed used vehicle dealer .
    Aug 20 Registered at Motor Vehicle Dept.
    Aug 24 Noticed issue with transmission after extended drive (1 hour each way) and approximately 300 miles since purchase, dropped at manufacturer dealership (Nissan) and notified used dealer (seller).
    Aug 25 Picked vehicle up at Nissan dealer, service department diagnosed and confirmed faulty transmission, received printed quote for necessary repair. Stopped driving vehicle.
    Aug 25 Delivered copy of repair order to dealer (seller) representative and explained issue, awaited owner/manager's return on Thu.
    Aug 28 Visited owner and explained issue in terms of (paraphrased) "I can afford/am able to fix minor issues and understand I purchased a used car at a fair price- but this is a significant repair I cannot manage alone. I will await your decision to repair or refund on Monday after your inspection of vehicle." Delivered vehicle back to seller that afternoon.
    Aug 31 Planning to contact MA Atty General/Used Car Dept for additional advice

    This purchase did include a 30 day/1250 mile warranty (MA dealers cannot sell a vehicle AS IS), signed by both parties (seller and buyer), with a $100 deductible. I've been very calm and understanding when talking to dealer about issue, open to either repair or refund without mentioning my inability to drive the vehicle and investing ~$300 in detailing, Nissan diagnostics, registration and a refundable sales tax of $700. I can tell the seller is becoming defensive/standoffish. My understanding of MA dealer regulation says that I am covered- vehicle needs to be repaired or my refund processed.

    This is a link to the MA Consumer Guide/Used Vehicle Warranty Law. I am really looking for confirmation and/or additional advice from those more experienced than I am. I do appreciate any input and would like to express my thanks in advance.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Used Car Dealer Won't Honor its Warranty

    Quote Quoting nospamplz
    View Post

    This purchase did include a 30 day/1250 mile warranty
    What, exactly, does the warranty say?

    Quote it word for word.

    Without reading it, we can't help you.

  3. #3
    Join Date
    Aug 2015
    Posts
    3

    Default Re: Used Car Dealer Won't Honor its Warranty

    "(Name of Dealer) warrants this vehicle (VIN) against any defect, malfunction, or combination of defects or malfunctions that impairs its safety or use for a period of 30 days or 1250 miles, whichever comes first from date of delivery of the vehicle to you. Dealer will provide the full costs of parts and labor necessary to repair all covered defects. However, the Dealer may charge you up to $100 per vehicle for repairs...

    The Dealer will give you a refund if a defect that impairs the safety or use of the vehicle ... within the warranty period after three repair attempts for same defect or being out of service after being returned for repair of any defect of defects for a cumulative total of ten or more business days."

    Quote Quoting adjusterjack
    View Post
    What, exactly, does the warranty say?

    Quote it word for word.

    Without reading it, we can't help you.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Used Car Dealer Won't Honor its Warranty

    OK, warranty looks solid.

    You mentioned "dealer owner."

    Is that the owner or principal shown on state licensing or business records and not just some flunky whose job it is to insulate the owner from trouble?

    You can find that out by searching the state's corporation records at:

    http://corp.sec.state.ma.us/corpweb/...orpSearch.aspx

    Or the dealer licensing office shown below.

    If it actually is the owner I suggest you not "wait for his decision" and go back tomorrow with a letter demanding that he repair the vehicle as stated in the warranty. His "decision" should have been made on August 28 and it should have been "Yes, I'll fix your vehicle." Anything other than that was a delaying tactic of a scumbag car dealer.

    Report back with the results.

    In addition to the Attorney General's office I suggest you read up on the dealer licensing laws:

    http://www.massrmv.com/rmv/dealer/Ch..._Licensing.htm

    And contact the RMV dealer licensing department if the dealer doesn't resolve your issues tomorrow.

  5. #5
    Join Date
    Aug 2015
    Posts
    3

    Default Re: Used Car Dealer Won't Honor its Warranty

    adjusterjack, Thank you for taking the time. Your reply does read like a confirmation of my own understanding of each party's position and responsibilities. I am aware of the resistance the dealer may have to resolution but am going to continue approaching the situation calmly until I am forced not to.

    "dealer owner" I used the term because the other representatives seemed to go through him for their own questions both related to me and not, and he was the one filling out and signing my paperwork. I too am an employed individual and have experienced the "return from vacation to a sh*tstorm" scenario, and only gave him the window of digestion in empathy- I will be sure to let him know it was a kindness and not a weakness.

    I have spent time reading the applicable state regulations and mostly asked this forum because it seems almost too plainly evident to me what his/their/my options are, but will continue to stay educated and on top of the situation until resolved adequately.

    Thanks again, I do appreciate your interpretation and suggestions.

    1. Sponsored Links
       

Similar Threads

  1. Warranties: How to Get a Contractor to Honor its Warranty
    By rgc01 in forum Construction, Repair and Renovation
    Replies: 1
    Last Post: 08-26-2015, 11:30 AM
  2. Warranties: Dealership Won't Honor Warranty
    By kathyann98 in forum Cars and Dealerships
    Replies: 4
    Last Post: 11-07-2014, 03:37 PM
  3. Warranties: Refusal to Honor Vehicle Warranty
    By Mark Johnson in forum Cars and Dealerships
    Replies: 2
    Last Post: 10-30-2012, 09:12 PM
  4. Warranties: Builder Will Not Honor New Home Warranty
    By Christineeve in forum Construction, Repair and Renovation
    Replies: 5
    Last Post: 11-14-2011, 10:50 PM
  5. Warranties: Mechanic Will Not Honor Warranty
    By Cerby in forum Cars and Dealerships
    Replies: 2
    Last Post: 08-04-2005, 01:36 PM
 
 
Sponsored Links

Legal Help, Information and Resources