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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 111526
Experience:  Attorney with over 24 years of law and traffic law
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New vehicle purchased. Financed through Nissan. The transmission

Customer Question

New vehicle purchased. Financed through Nissan. The transmission 'dropped' almost immediately, under 200 miles. Am I entitled to a refund?
Submitted: 1 year ago.
Category: Traffic 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.
Under NY law and the federal Manguson Moss Warranty Act, you are entitled to coverage under the warranty only, which means you are entitled to repair and if it cannot be repaired then at the manufacturer's discretion you are entitled to a replacement vehicle or refund of your money. You cannot solely insist on a refund because of the defect, they must be given the opportunity to repair and then under the law if they cannot repair the car, they can issue a replacement car or a refund.
Customer: replied 1 year ago.
Would an action exist for the decrease in value as it pertains to the vehicle? For example, if and when I sell the vehicle, a CarFax report will show any potential buyer that the car has already had its transmission replaced.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It is indeed possible you can have an action for loss of use at the least. As far as loss of value, just because a vehicle breaks down is not sufficient to claim loss of value, but if you can indeed prove the loss of value you could make the manufacturer liable for that.