Legal Question in Business Law in Virginia

Automobile Warranty

I brought a new car and 5 days later while driving, it begins to choke,turn off, & smoke. After an inspection the dealership says that someone put kerosene or diesel in the fuel tank. I never opened the gas tank because it still had 1/2 a tank left. The car was delivered (driven)from another dealership and obviously filled up by them. The dealership says that the car must have been vandalized (although there is no proof) and refuses to cover it under warranty. Am I liable for the repairs, and can I decide now that I do not want the car?


Asked on 9/09/04, 10:24 pm

2 Answers from Attorneys
Shane Jimison Jimison/Homiller, PLC

Re: Automobile Warranty

Hi- I noticed you were in the Richmond area. Sorry to hear about your problems with your new car. It appears that Code of Virginia Section 59.1-201 et seq provides our remedy. It can be found online. Its Virginia's lemon law code. You may need an attorney to 1) decipher the law and 2) to write a big bad threatening letter to the auto dealership (the consumer can be awarded atty's fees if they have to bring an action under this code section). Let me know if I can help, 804-217-9898, good luck!

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Answered on 9/09/04, 10:40 pm
Jonathon Moseley Jonathon A. Moseley

Re: Automobile Warranty

I'm NOT in Richmond, but I will add a couple thoughts. I note that the idea that there is kerosene in the tank is speculation. Unless the dealer did a chemical analysis of the fuel and is prepared to show a laboratory certificate, their story sounds highly improbable to start with. It is a lot more believable that the car is just a lemon. In court, the dealer would have to prove this theory, not just try to fool you with it. So don't assume that there is anything wrong with the fuel. It is just as likely that the problem is the car is a clunker.

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Answered on 9/10/04, 12:00 am


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