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I have a 2013 Dodge Durango the has an extended warranty…

Customer Question
I have a 2013...

I have a 2013 Dodge Durango the has an extended warranty through The Warranty Group. The vehicle needs a new engine. The shop has made a request to use a remanufactured engine. The warranty group has denied that claim and approved the use of a salvage used 90k engine with no history.

Lawyer's Assistant: What state is this in? And how old is the car?

The used engine will only be warrantied for 12 month 12k

Lawyer's Assistant: Have you contacted the manufacturer?

In GA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The vehicle is a 2013

Submitted: 7 months ago.Category: Consumer Protection Law
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Answered in 3 minutes by:
12/13/2017
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 125,823
Experience: Attorney experienced in commercial litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

This would depend on the written terms of the warranty contract as to what they have to pay for. Have you read the contract about whether they can provide a salvage engine or it has to be certified rebuilt?

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Customer reply replied 7 months ago
According to the contract they have the option of using a remanufactured engine, a used engine or a new engine. What ever is cost effective in fixing the problem. But the engine with the failure developed the failure at 123k and has service records. The used engine has 90k with no service records. This does not solve the issue. There is no assurances that the used 90k engine will not develop the same issues at 123k. And at that point the engine and the car are no longer under warranty.
Customer reply replied 7 months ago
Also using a used engine from a salvage vehicle in my car will hurt the value of my car because the V.I.N on the engine will correspond to a salvage vehicle.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 7 months 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. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Here is the issue with warranty companies, they have to follow only the wording in their contract of warranty. So, it would be up to you to get your mechanic to write a detailed report as to why the salvage engine is not appropriate as a replacement and why it is not appropriate. Then if the warranty company will not reconsider, your only other recourse if this is still acceptable under their warranty terms is to argue bad faith to the GA Attorney General's Office, as under the federal Manguson Moss Warranty Act, they must seek to mediate these warranty disputes and you would show them how the engine without service history is just the company's bad faith effort to get out of the warranty without making proper repairs and use your mechanic's statement to support why the salvage engine is not proper.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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