Car Warranty Disputes
If you have a problem that you think is
covered by a warranty or service contract, follow the instructions to get
service. If a dispute arises, there are serveral steps you can take:
• Try to
work it out with the dealer. Talk with the salesperson or, if necessary,
the owner of the dealership. Many problems can be resolved at this
level. However, if you believe you're entitled to
service,
but the dealer disagrees, you can take other steps.
• If
your warranty is backed by a car manufacturer, contact the local
representative of the manufacturer. The local or zone representative is
authorized to adjust and decide about warranty service and repairs to
satisfy customers. Some manufacturers also are willing to repair certain
problems in specific models for free, even if the manufacturer's
warranty does not cover the problem Ask the manufacturer's zone
representative or the service department of a franchised dealership that
sells your car model whether there is such a policy.
•
Contact your local Better Business Bureau, state Attorney General, or
the Department of Motor Vehicles. You also might consider using a
dispute resolution organization to arbitrate your disagreement if you
and the dealer are willing. Under the terms of many warranties, this may
be a required first step before you can sue the dealer or manufacturer.
Check your warranty to see if this is the case. If you bought your car
from a franchised dealer, you maybe be able to seek mediation through
the Automotive Consumer Action Program (AUTOCAP), a dispute resolution
program coordinated nationally by the National Automobile Dealers
Association and sponsored through state and local dealer associations in
many cities. Check with the dealer association in your area to see if
they operate a mediation program.
If none of these steps is successful, small claims
court is an option. Here, you can resolve disputes involving small amounts
of money, often without an attorney. The clerk of your local small claims
court can tell you how to file a suit and what the dollar limit is in your
state.
The Magnuson-Moss Warranty Act also may be helpful.
Under this Federal law, you can sue based on breach of expressed
warranties, implied warranties, or a service contract. If successful,
consumers can recover reasonable attorneys' fees and other court costs. A
lawyer can advise you if this law applies.
We have additional information
throughout this site on buying a car, financing a car, car warranties,
tips on what to look for to be sure you get the best car you can for the
money you are spending, and much more!
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