Car Repairs Car Repairs ^ (back to top) Automobile repair problems consistently rank No. 1 among all consumer complaints. Each year thousands of complaints are logged. The majority of them involve overcharging, poor workmanship and deceptive repair practices. State consumer laws prohibit unfair and deceptive practices in auto repair. Mechanics who mislead, deceive or make misrepresentations to consumers may be subject to penalties. Common sense, advance planning and using a little caution can help you avoid many common auto repair difficulties. Tips to Follow When You Have Car Problems
Dealing with Disputes Many disputes arise when consumers pick up their cars and see their service bills. How to avoid problems:
Check with your local legal aid office, state and country bar associations, city or county consumer agency administrator, county prosecutor's office of consumer affairs or state Attorney General's office for brochures and explanations of specific laws in your state on this issue. Lemon Laws protects buyers of new motor vehicles by enforcing the manufacturer's expressed warranty. But not every state has lemon laws and these statutes vary from state to state. You will definitely need a qualified lawyer to represent you. To find someone close by who is the "right" lawyer, read "How to Hire the Right Lawyer" and contact the Center for Auto Safety 2001 S Street NW, Suite 410, Washington, DC 20009, 202-328-7700. What Vehicles Are Covered? All new vehicles sold or leased with warranty provisions are covered under the law, except for commercial and off-road vehicles, mopeds, motorcycles and the non-chassis portion of recreational vehicles. Also included are demonstrators or lease purchase vehicles as long as a manufacturer's warranty was issued as a condition of the sale. A defect must affect the use, value or safety of the vehicle. The law applies while the vehicle is under the manufacturer's expressed warranty or up to one year after the date of delivery, whichever expires earlier. Some extended warranties are offered by the dealer or an insurance company--check with your dealer. Vehicle Owner Responsibilities New-vehicle owners must report problems or defects in writing to the manufacturer to use the provisions of the Lemon Law. The manufacturer must be permitted a "reasonable number" of attempts to correct the problem. Law defines this as:
Refund Qualifications If after repairs are made to your vehicle you still believe the vehicle does not conform to the warranty, but the manufacturer or dealer has indicated that it doesn't believe you are due a refund, then submit a complaint according to the manufacturer's informal dispute settlement procedure. All three major American manufacturers have appeals procedures. These arbitration boards try to resolve problems consumers have with t manufacturer or dealer. The address and phone number of your manufacturer's consumer appeals or arbitration center are in your owner's manual. During or at the end of the dispute procedure, the manufacturer may make a settlement offer. You must decide whether to accept the offer or to get a refund under the Lemon Law by going to court. If you elect to go to court, the Lemon Law provides for a private cause of action. You must use a private lawyer to enforce your individual rights under the Lemon Law. Before you can go to court under the Lemon Law, you first must have submitted your claim to the manufacturer¹s appeals procedure if it has one. Tips
As the price of new cars increases, many consumers are considering used cars. One factor most car shoppers consider is mileage. However you need to watch out for odometer tampering. To increase a used car's selling price, some unscrupulous dealers will roll back the odometer. Odometer tampering, which state and federal laws forbid, can be costly to consumers. State Law Requirements All state have law that require that a dealer or an individual selling a used car must reveal to a potential buyer:
It is illegal to:
Checking for Rollbacks Even if the seller appears to be honest it is a good idea to check out the car's history. You can do this by:
Legal Remedies If you believe you have been defrauded by an odometer rollback, you may sue in federal court under the federal Motor Vehicle Information Cost Savings Act or in state court. In addition, most states law makes odometer rollbacks a felony. Criminal cases can be prosecuted by the Attorney General and county prosecutors. Check with your local city or county consumer agency administrator, county prosecutor's office of consumer affairs or state Attorney General's office for specific laws in your state on this issue. Used Cars If you buy a used car one of the most important things to pay attention to is the Buyer's Guide. The Federal Trade Commission requires dealers to display a Buyer's Guide in the window of each used car offered for sale. The guide lists the vehicle make, model, year and identification number. The guide also includes a warranty section where one of two choices must be checked. The first is "as is--no warranty." The second choice is "warranty." Warranty If this block is checked, then the dealer is promising to pay some or all of the costs of repair on the car if repairs are needed within the warranty period. Under this block are two choices: "full warranty" or "limited warranty." Full Warranty If the full warranty block is checked, the dealer promises to: Provide warranty service to anyone who owns the vehicle during the warranty period if a problem is reported. Provide warranty service free of charge, including costs such as returning vehicle or removing and reinstalling a "covered" system when necessary. Provide at the consumer's choice either a replacement or a full refund if the dealer is unable, after a reasonable number of tries, to repair the vehicle or a covered system. Provide warranty service without requiring that consumers return a warranty registration card. Not limit the duration of implied warranties. A full warranty may not cover the entire vehicle. The dealer may specify certain systems for coverage (for example, electrical or brake system). Limited Warranty If any of the above conditions don't apply, then the dealer will check the block next to limited warranty. You are responsible for some repair costs of the covered system. The dealer must fill in the percent of labor and the percent of parts that he will pay on a limited warranty, and must list the specific systems covered and the length or duration of the warranty (in terms of days or miles). Implied Warranty The Uniform Commercial Code adopted in all state implies certain warranties unless the seller of the car specifically disclaims or excludes these warranties. Implied warranties, which are somewhat technical, give you some rights to have the dealer take care of serious problems that are not apparent when you buy the car. A car with a full warranty must include the implied warranties, but not so if the car is sold with a limited warranty. As Is: No Warranty A dealer may sell a car "as is." There are no specific warranties, and the warranties normally implied by law do not apply. You are responsible for any repairs on an "as is" vehicle. As an added precaution before buying a used car, ask the dealer to allow your mechanic to inspect the vehicle on the dealer's lot or elsewhere. And remember, if you buy a car from a private individual, the sale is not covered by the FTC rule and you will not receive a Buyer's Guide. Most cars sold privately are sold "as is" and without any expressed warranties. Check with your local legal aid office, state and country bar associations, city or county consumer agency administrator, county prosecutor's office of consumer affairs or state Attorney General's office for brochures and explanations of specific laws in your state on this issue. CONSUMER FRAUD | INVESTMENT | HEALTH | AUTOMOBILES | HOME | ENTERTAINMENT | CONSUMER ACTION Press here to visit The Consumer Law Page. |
Hidden Safety Hazards: And How to Protect Yourself Against Them
This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008
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