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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 115467
Experience:  Attorney experienced in commercial litigation.
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Leased a 2015 car from infiniti - drove it days and an

Customer Question

Leased a 2015 car from infiniti - drove it for 5 days and an elderly driver ran into me. Car was towed to authorized repair facility and state farm approved claim at once. Two months later and Infiniti has no seat cover to complete repair and no real estimation of when seat cover will be available. (seat cover has air bag and car cannot be driven without this in Massachusetts.) What are my options?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to give the dealer written notice that they are in breach of warranty and either they replace the seat cover or the entire seat, it is not your issue, but if they fail to do so then they need to give you another car or you will pursue them for breach of contract, as they are making you pay for a lease you are not getting use from. Send a copy to your insurance company as well.

In addition, in your letter, it needs to follow the MA 93A format, for unfair and deceptive business practices, which comes from their inability or refusal to make proper repairs under warranty in a timely manner AND for charging you a monthly lease for a car you cannot use. Here is the sample format for a MA G.L. 93A letter: http://www.mass.gov/ago/consumer-resources/consumer-assistance/93a-demand-letter.html