Legal Question in Consumer Law in Virginia

reasonable efforts made to satisfy warranty

I had my transmission rebuilt by a major chain in PA. The transmission slipped three months later in Richmond, VA on my way to attending my father's funeral. PA authorized the repair, however the VA franchise took over 2 weeks to repair my vehicle, thereby leaving me stranded in VA. I finally got my car back. Less than a month later the car slipped again, this time leaving me with no reverse. During the course of the month that I actually had my car back, my family and I relocated to MD. I took my car to the MD franchise to be serviced. VA being the last ones to repair the vehicle, and also because of a 90 day limited warrantied falling under my 24 month warranty, needed to authorize this repair. VA franchise refused, and instructed the MD franchise to remove my transmission and ship it to them UPS so they could repair it themselves. It has now been 6 1/2 weeks, and I still do not have my vehicle. I have been told from the MD franchise that my transmission was received a week ago, but because VA franchise have not paid them to reinstall my transmission, I will not receive my vehicle until VA makes good on payment.

My question is...is any of this legal?


Asked on 11/20/02, 2:59 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: reasonable efforts made to satisfy warranty

Probably. You have to remember that franchise operations are independently owned and operated businesses, usually, with liability clauses that

limit their legal responsibilties to consumers

whose complaints have arisen in other franchise shops in the chain.

You should contact the Va. shop which appears to have primary responsibilty for the repair of your vehicle and find out whether(and when) they're going to pay the Md. shop. If they give you the

runaround, you may have to pay the Md. shop yourself and then sue the Va. shop in small claims court to recover your money.

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Answered on 11/21/02, 9:31 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: reasonable efforts made to satisfy warranty

What you have is a situation of the respective responsibility and liability of independently owned franchises. Each of the franchises is pointing the finger at the other. You need an attorney to resolve this matter as it is complex. You may hear advice on taking this claim up in the respective state courts of Md, Va and Pa, and this may or may not be an avenue for you to resolve your matter. But do not brush over the franchisor's liability (i.e., the corporation that granted a franchise to each of the independent shops.) Your matter appears to be capable of resolution without filing a lawsuit. Consider contacting an attorney to draft well worded demand letters to bring closure as to the responsibility of each of the shops. If you would like to pursue the latter suggestion, feel free to contact me. If you would like to file against the franchisor in Federal court, I am available; however, I will advise that, based on your potential recovery, such a claim may be not be cost beneficial.

G. Joseph Holthaus III, Esq.

(410) 799-9002

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Answered on 11/23/02, 7:41 pm


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