Thank you for your reply, Jay. You may have a case under breach of warranty, although it depends on which. Allow me to explain.DEALER'S WARRANTY
If the dealer has given you a warranty for the vehicle (called an 'express warranty'), and the issue is under that warranty, then they have to fix it. It is important that you look at the documentation to see exactly what is going on. If so - and if the dealer's warranty covered the issue
- then you can force the warranty by a BREACH OF EXPRESS WARRANTY claim.IMPLIED WARRANTY
Even if there is no express warranty, she might still have an IMPLIED warranty. This is where it gets murkier.
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. Universal Motor Co. v. Snow, 149 Va. 690 - Va: Supreme Court 1927
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. Featherall v. Firestone Tire and Rubber Co., 252 SE 2d 358 - Va: Supreme Court 1979
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.JURISDICTION
If the issue is $5,000 or less, then this would be in small claims court - see here
. Anything over $5,000 is regular court.ATTORNEY
An attorney is recommended for regular court (small claims court does not allow attorneys).
But very often, a demand letter
from an attorney takes care of the matter even before suit is filed, as they acquiesce and agree to come to a deal to avoid litigation. Let me know if you need such a sample letter.
I hope this helps and clarifies. Good luck.
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