Legal Question in Consumer Law in Utah

Manufacturers Defect

I own a 2001 Mazda Tribute. The SUV is 31/2 yrs old w/59,600 miles. Last week when I pressed the button to open the sun roof, there was crunch sound. I took it to the dealer. The gears were totally destroyed. The cost to replace $1938.00. Because of Age and Mileage I am out of warrenty. Problem is I do not have $2000 to replace a sun roof. Now that they have inspected it, it also does not seal which means rain, snow etc will seep into my car. This is the sixth Mazda I have purchased over the last 24 years, and have never had problems. Mazda will not even meet me half way, they indicated they have never seen a sun roof do this. This I believe is a manufacturers error, (note that this vehicle has also had 5 recalls (2 recently). Do I have a case? Can I pursue through small claims. Mazda has me between a rock and a hard spot, I either pay $1938. to repair or run the risk of having the interior destroyed due to weather. Because I am in Utah, the sun roof is used only during summer months, so it in effect malfunctioned after 15 months (3 summers) of use.


Asked on 5/07/04, 4:21 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Manufacturers Defect

You do not have a case unless this is one of the recall items, or becomes a recall item. Your warranty is expired, therefore any defects in the car which show up after the end of the warranty are your responsibility.

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Answered on 5/07/04, 5:12 pm


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