Legal Question in Consumer Law in Virginia

Automobile Warranty

My husband and I purchased a 1997 Mazda Protege as a newer used car with low mileage (22,000 miles). The car was under warranty at that time. At 28,000 miles the car's "check engine" light came on and after diagnosis by the dealer (and an authorized Mazda service center), it was decided that the catalytic converter and oxygen sensor was bad. We also found out that the original owner had the same parts replaced at approximately 14,000 miles. The same parts then again went bad at 53,000. I implored the dealership and Mazda Customer Service to give me a reason as to why these parts keep going bad (I have consulted with a Mazda mechanic

unrelated to my previous experience and he said the average life on the part is 10 years). The dealership told me they could not locate a specific problem causing the parts to go bad. At 89,000 miles the parts are once again bad (warranty expired at 80,000 miles). Since the source of the problem has never been fixed, are Mazda or the dealership under any obligation to repair the car as "under warranty"?


Asked on 10/05/00, 4:17 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Automobile Warranty

The first question that pops into my mind is whether you bought the car "as-is"?

The emissions control systems in cars are required to be warranted for, I think, five years by federal regulations, so you need to know when in '97 the car was first delivered. Secondly, the parts didn't go bad when the check engine light came on. They were bad when you bought the car, as well as something else, probably in the fuel system. The things you're observing are symptoms, not causes. Document the problems you've experienced in writing and send copies to the dealer and to Mazda. Also, get an independent analysis from someone who really knows his stuff - tracking those kinds of problems backwards takes more than the usual kind of mechanic's skills - and have that person available to testify as an expert witness. The cost of the analysis would be compensable in a breach of contract or breach of warranty suit.

Steve Swann, in Arlington County is the lawyer I'd ask about automobile problems.

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Answered on 11/03/00, 8:25 am


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