Legal Question in Consumer Law in Alabama

Dealership unlawfully voids new car warranty

I purchased a new car in 03-03. With 3200 miles the motor seized up. Car was towed to dealership for repair. Dealership denied repair based on amount of tread on front tires. Said the car had been ''abused''. After 3 months of debating back and forth my vehicle was vandalized on their property. Now they are saying that I am responsible for the repairs. I cannot afford legal fees to pursue this further. I can just about afford to pay for the needed repairs out of pocket, but nothing more.

Legally the manufacturer must prove I was the cause of the engine failure to deny warranty coverage. How do I hold them responisble for the engine damage AND vandalism damage as a result of their ''dragging of their feet''? Am I in the right? Are there any free legal service companies who take on cases like this?


Asked on 10/14/03, 10:59 am

2 Answers from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Dealership unlawfully voids new car warranty

It seems as though you may have lemon law/warranty/Magnuson-Moss claims against the manufacturer. They are responsible for the repairs to your vehicle unless they can show some abuse. Just because the dealer says there was abuse, doesn't mean there was. Only you would know the answer to that question. The Dealer is a bailee of your vehicle, and I believe the bailee would be responsible for any damage which occurred to your vehicle while it is in their possession. I would have to research this issue further for a more definitive answer; however, I do believe that is the case. You would probably have to arbitrate that issue with the Dealer, but you could proceed in Court against the manufacturer once you have exhausted all of their administrative remedies.

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Answered on 10/16/03, 11:18 am
Bobby Lott, Jr. Attorney at Law

Re: Dealership unlawfully voids new car warranty

I might be willing to take this case on a contingent basis, meaning if we sued and recovered money, I would be paid out of that. I have dealt with many dealerships before, but I would need some more information. Please contact my office if you would like me to look at it. I am in Birmingham. 205 - 322 - 3747

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Answered on 10/14/03, 11:37 am


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