Automotive Consumer Protection Law?

[radiometer]

It seems to me that a number of years ago I recall a law being enacted that protects the automotive consumer in cases where the customer cannot get warranty work done on a car. As I (seen to) recall there was a provision for payments to be stopped in such cases. This was to put the lender in a position to push dealers to fix the problems. Am I dreaming, or did such a law pass?

I have a 2002 Nissan Sentra with a coolant leak into the oil. I have been uable to get the dealer to fix the problem, which is clearly a warranty issue. If I go down there and start a fight with them I am the one that would be hauled away, so that wouldn't work. I understand the arbitration process is heavily weighted in the dealers' favor and would be very expensive. I hope someone on here remembers, or knows something about my question above.

Thanks to any who can respond to this with any information.

 

[eljefino]

That sort of thing runs on a state-by-state basis. Florida has a reputation for not being consumer friendly, sorry.

http://www.800helpfla.com/lemonlaw.html

Even if you financed at the dealer they probably sold your loan to a bank. Not making payments will just annoy the bank-- the dealer and manufacturer already got their money.

Why don't you get an attorney involved?

Why not take the car to another dealer, not owned by the same clowns? I don't know if I want to have your current, least-favorite dealer do the work under duress of a court order. They could do a half-a$$ed job. Or is your feud higher up with the Nissan zone manager?

 

[radiometer]

Eljefino:
Thank you for your response. I'm somewhat surprised that yours is the only response to my question.

I obviously am in error in thinking there was such a powerful tool for the consumer. Or, if there was one it has been changed by the auto industry and legislatures.

I do have an attorney involved. I was finding it hard to believe that the consumer has almost no protection in defective (used) cars sold by dealers, even when a factory warranty is in effect.

My attorney feels, on the basis of his experience, that there is some good chance he can help break this deadlock.

I will PM you a little more information.

 

[cousincletus]

Nissan must not care about having repeat customers. Probably a head gasket and the car shouldn't be driven until fixed. If you have the money to get it fixed, I would take it to a private shop and just have it done and deal with the legal issues later. This way you won't damage the engine any more. Ford sold me a lemon in 1987, also gave me crappy service so I returned the favor and haven't bought a Ford since. Unless you have a cracked head or block, the repair shouldn't set you back too much.

 

[radiometer]

GOOD NEWS on this one. My attorney has been even more effective on this one than I would have believed. He was able to apply pressure to a degree beyond my expectation. The dealer has contacted me and told me to bring the car in for the needed repair.

All at no cost to me, even for attorney's fees.

Am I blessed??? Greatly !!!

This also shows what a great value oil analysis can be, especially with Terry Dyson interpreting it.

 

[rugerman1]

 

[moribundman]

Holy cow!

 

[srivett]

Are you saying that there was no visible antifreeze leak? That would be a tough sell if you walked in with a slip of paper saying you have a blown head gasket.

Cheers, Steve

 

[Amkeer]

Its called Magnuson Moss Warranty act and yes if a warranty is offered they need to honor it. Otherwise the vehicle is to be sold as-is and clearly disclaim to potential buyers that the vehicle is sold without a warranty.

More and more shady manufacturers are opting to pressure consumers to fix their flawed products having the consumer foot the bill. They know the law of averages and they push it to increase profits at the cost of the consumers. They know that human nature is to avoid a fight!

 

[radiometer]

srivett: Correct on a hardsell with a slip of paper. I went in with four UOA reports from several different labs PLUS an excellent interpretation by well known Terry Dyson on one of them. Oil IS visible in the coolant reservoir. This is much more than a slip of paper.

My (brother) attorney likes one like this because he finds them easy to enforce. He assured me this would get to a court. He reports to me he has had these things before and He easily won on each of them.

I thought I had lost my right to redress in court but he fully assured me he gets them to court when necessary and that he would not let me lose that right.

After his certified mail to the general manager at the dealership (and appropiate copies to other parties of interest) and proof of receipt of such my brother started calling 'each day' by phone, leaving messages for the manager to return his calls. Of course, they didn't want to deal with him and called me instead, asking me to bring the car in for repair.

A legislature cannot remove my right to go before the Judicial. I'm glad he fills me in on things like this.

Thanks to each of you for your interest in this matter. It shows you can win one with the right resources.

On another case of his I know about was when our parents had a dealer refuse to fix a warranty problem. The dealer wouldn't return calls to my brother but called my Dad and told him "...I'll fix your car if you'll get that attorney off my back".

 

[ted s]

if you purchased the car new, be thankful they didnt tell to go ahead and sue the Manufacturer since they are the one that waranties the car, not the dealer.