At Morrow and Artim, P.C., we never recommend that our clients buy used cars without a Warranty. Warranties protect you from defects that crop up after you buy the car and leave the dealership. Generally, for a small deductible, or no deductible, your warranty will cover major defects as the car ages. However, not all used cars come with a warranty. For those cars, there are implied warranties that come with buying a car that can protect you from defects. For more information on Implied Warranties, click HERE.
If you experience the same or similar defect after 3 or more repair attempts, you may have a claim against the manufacturer or dealership. In an ideal world, you will know what the defect is and what is causing it. When you take the vehicle into the dealership, a mechanic who will identify the defect, what is causing the defect, and try to fix it. However, that is not always the situation. More often than not, clients contact our office because their car has a defect that the dealership cannot fix and has no idea what is causing it.
Once recent client contacted our office because his car kept stalling while driving down the road. He took the car back to a major Dodge dealership 4 times. The dealership was able to duplicate the problem, but could not figure out what was causing the defect. The dealership would try to fix something in hopes of curing the defect. However, every time our client got the car back, it would start to stall again. This created a claim under his implied warranty of merchantability because he was sold something that could not be used as a car. We were successful in having the client’s money returned and the dealership paid for our attorney fees.
If you are experiencing a defect with your vehicle, give us a call. Even if the dealership cannot figure out what is wrong with your car, you may still have a claim.