Legal Question in Consumer Law in Virginia

2007 Suzuki LTZ400Z

My girl friends son (15 yrs old) purchased a 2007 Suzuki 400Z ATV on 3-5-07 and on 5-12-07 the crankcase cracked below the shifter. The dealer said the chain came off and busted it and will not warranty it. The chain did not come off and do the damage. There is a plastic cover over the spocket where the chain is and if the chain would have caused the damage it would have been damaged. There is also no damage to the ATV's chain. It has not been touched by the chain.The dealer said he talked to the manufacture and they ask if they had serviced it before and they haven't. They are stating that since he had not had them to service it they would not warranty it.I have sent the dealer pictures of the damage and he will not respond. I have contacted the BBB a week ago and they have not responded back yet. I was wondering what legal action can I take to get this problem resolve


Asked on 6/30/07, 11:50 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 2007 Suzuki LTZ400Z

If the 15 year old boy purchased the vehicle as a minor (and not the boy's mother), under the law he is entitled to disaffirm (or renounce)the contract and demand the return of his purchase price. (If the dealer continues to refuse to make good on the necessary repairs, this would seem an appropriate course of action for him to pursue.)

As a general propsiton of law, minors are entitled to disaffirm contracts for the purchase of goods/services which are not legally characterizable as "necessaries of life", e.g. food, shelter, necessary medical care, etc. I would assume that the ATV does not qualify as such and therefore the contract for its purchase should likely be disaffirmable by the minor involved in the transaction.

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Answered on 6/30/07, 12:04 pm


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