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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 117370
Experience:  Attorney with over 24 years of law and traffic law
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I purchased a 2010 Toyota Prius from a Daytona Ford dealership on 03/22/14 and t

Customer Question

I purchased a 2010 Toyota Prius from a Daytona Ford dealership on 03/22/14 and traded in my 2007 BMW 328-I hard top convertible. I also purchased the extended warranty which I pay for each month. In October of 2014 my engine catastrophically failed. They had my car for over two months. I was out $783 for my rental. The warranty company could only reimburse me $230 because they said the dealership was responsible and the delay was just shop delay and them not wanting to put forth the expense. So they put a USED engine in my car that came from California. Seems wrong. When the news came out a few weeks ago about the largest recall in the history of the automobile industry I called Toyota to see if my car had indeed been a part. It was not but there was a major recall on my VIN that was done in 2013 that would effect the computer and hybrid system and could cause fatality. Ford sold me a car without checking out the recalls. Computer did fail and now Ford wont fix. He
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 2 years 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.
Since you have a warranty, you are protected by the terms of that warranty first and foremost. The warranty must cover what the warranty document states it must cover and if they are not paying for what it states it should pay for, then you have a right to first file a breach of contract claim with the Attorney General's Consumer Unit, since under the federal Manguson Moss Warranty Act they are to assist in mediating warranty disputes.
Second, if your vehicle was included in a recall and the dealer never checked that before selling it to you and never notified you, since they knew or should have known, you could seek to assert a claim for breach of the implied warranty of merchantability, since they knew or should have known that there was a defect in the vehicle that made it not fit for its intended purposes and seek to make them refund the purchase price or replace the damaged parts.