Legal Question in Consumer Law in Oregon

Howdy, Where do I begin? I have a new car and have now driven it 900 miles. I noticed that I could not get comfortable in it, so I took it in to the service department. While the mechanic was checking on the lumbar adjustment, I noticed that the seatback was not lined up squarely with the seat. I pointed this problem out to both he and the sales team that sold me the car. This is a model with seats that are leather, heated, and have automatic adjustment controls. I observed that other new vehicles that are the same model as this also this same seat alignment issue. I love this car as far as overall performance and styling, but this seat issue is a great concern. This is my first brand new car, and I truly do not know what to do now. I am thinking of just shopping for a different model car, as the dealer and mechanic seem to be shocked by this revelation. I honestly don't see this being an easy fix, if the manufacturer has designed this seat this way. The dealership and mechanic have promised to find an answer for me and get back to me as soon as they hear from the manufacturer. They said it may take awhile, so I wanted to get some legal advice in this situation, should it escalate into something I don't want it to. I'm guessing that the manufacturer will have a great answer as to why they designed this seat this way, but for me, I don't want to sit in a seat that will trash my back. Thanks for your time.


Asked on 1/12/11, 3:28 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

If you want to give it back, and the dealership does not want it back, you are pretty much out of luck. The dealership has no obligation to take it back and no obligation to fix something they claim is not broken but is a design feature.

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Answered on 1/17/11, 5:02 pm


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