Legal Question in Consumer Law in Virginia

Car dealership claims that air leak in brand new car cannot be fixed.

I purchased a brand new 2002 Pontiac Grand Am in January, 2002. When driving at high speed, I noticed a whistling sound coming from the rear right door/window. I have brought the car back to the dealer 3 times so that they may fix it. On one occasion, the dealer told me that the door was out of alignment but that they were able to fix it by adjusting it. The second time, the dealer replaced some of the rubber seal around the door. The third time, the Service Manager told me that certain types of air leaks cannot be fixed and that I may have one of these 'unfixable leaks'. He claims that the sound is caused by wind thrust (whatever that means.) He claims this cannot be fixed and I may have to tolerate it. I feel that the dealer has made the leak worse as the whistle is noticeable at lower speeds.

Presently, the dealer still has my new car, which they are trying to fix because I told them I will not be happy unless the whistle goes away. In the meantime, I am borrowing my parents car in order to get around. Does the lemon law protect my rights at all? What can I do? Should I accept the dealers claim that I have to tolerate the whistle?


Asked on 3/26/02, 10:02 pm

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

Re: Car dealership claims that air leak in brand new car cannot be fixed.

Your VA lemon law rights are embodied in VA CODE ANN. S 59.1-207 known as the Virginia Motor Vehicle Warranty Enforcement Act.

The act may be triggered by a "defect or condition which significantly impairs the use, market value or safety to the consumer" of the

vehicle under ordinary conditions of use or reasonable expectations of use, and which need not affect the driveability of the vehicle.

For a defect such as you've described, the dealer

and/or manufacturer must be given at least three opportunuties to repair the nonconforming defect.

Additionally, the vehicle must be out of service

for a cumlative total of 30 days.

You may want to give the dealer at least one more chance to fix the problem. If the problem

still persists, then you'd be well advised to consult with an attorney familiar with VA Lemon Law who will be able to assist you in deciding

whether you should pursue arbitration and/or litigation or, perhaps, no legal remedy at all.

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Answered on 3/26/02, 11:47 pm


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