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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a new Acura TLX (~3000 miles) that has presented a

Customer Question

I have a new Acura TLX (~3000 miles) that has presented a serious safety issue for me: A minor fender bender rendered the car completely disabled and shut down the braking system and blocked traffic for 4+ hours. Additionally, the AcuraLink service that was supposed to send help, didn't and the SOS/Assist button literally fell off of the car when I tried to engage it. I have reached out to Acura Client Services and AcuraLink (a subsuidiary of XM radio) to no avail. I am getting a bunch of run around. What can I do?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. First, can you please tell me:

1) Did the seller give you any type of warranty? If so, what kind? Or not sure?
2) Was this a brand new vehicle?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
This is a brand new vehicle. At purchase, it has ~50 miles on it.
Expert:  Ely replied 1 year ago.

Thank you. Did the seller give you any type of warranty?

Customer: replied 1 year ago.
It's a brand new vehicle. I'm not sure what you mean about the seller giving me any type of warranty...I have the manufacture's standard warranty and an extended warranty.
Expert:  Ely replied 1 year ago.

Thank you.

First, one wants to go to the dealer and explain the situation and see whether or not this falls under warranty. It sounds like you have a warranty from the seller and possibly also the manufacturer. If the matter falls under the dealer's warranty, then they should fix the issue without charge (or at minimal charge). If the matter falls under the manufacturer's warranty, then the dealer should fix the issue at the manufacturer's expense.

If they do not fix the issue even if it falls under warranty, then they are liable for breach of express warranty.

Even if there is no issue that falls under an existing warranty, it may fall under implied warranties. When one purchases an item, even if one does not have a specific warranty, it comes with a set of implied warranties. These implied warranties are very ambiguous in law by nature. An implied warranty of fitness for a particular purpose is a warranty implied by law that if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer, the seller is guaranteeing that the item is fit for that particular purpose. An implied warranty of merchantability is a warranty implied by law that goods are reasonably fit for the general purpose for which they are sold.

Now, both are very subjective and are based on (1) the item's condition at time of purchase, (2) the amount the item was purchased for, (3) how long an item of such nature normally would be expected to last for, and (4) whether or not you waived these warranties by writing.

In summary, this issue may be enforceable under the express warranty one has, or, under implied warranties under the law.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
OK...I'm utterly confused. I'll see if I can find a consumer attorney in my area who can explain this in layman's terms that I can understand.Thanks anyways.
Expert:  Ely replied 1 year ago.

I am sorry for any confusion. Essentially:

- the vehicle may be covered by a warranty (seller or manufacturer) that is called an written warranty;

- if it is, then the party that issued the warranty has to fix the vehicle per the warranty if the issue falls under it

- even if the issue does not fall under a written warranty, it can still fall under an implied warranty under law.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Ok...but if no one, including the seller and manufacture KNOW what is wrong, how can they be expected to fix it?
Expert:  Ely replied 1 year ago.

I understand. The onus then falls on you to find the issue (possibly using a third party mechanic). Once they find the issue (and they always do in the end), then one looks to see if it falls under warranty. The warranty party may even reimburse you for the mechanic who had to find the issue.

Very often, the seller's garage will do an inspection/search for free to find the fault, or at a discount rate. If the issue is included in the warranty, the same garage will fix it for free.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!