Legal Question in Consumer Law in Alabama

Auto Dealer refusal of Warranty Repair

A buddy of mine purchased a Used 2003 Mitsubishi Evolution VIII from Carmax 7 weeks ago (5000 Miles on the clock). Had balance of factory warranty. Clean CarFax report. Car has been overheating, and was diagnosed as having a faulty thermostat. Item replaced under warranty.

A couple of weeks go by, and ''Buddy'' sees just a hint of smoke from tailpipe. Back to dealer. Dealer says that the head-gasket has failed. Common sense says that the overheating from the faulty Thermostat (factory original) would've caused the gasket failure.

Dealer and Mitsubishi have denied his warranty claim. My buddy is looking for options, whether it be arbitration, a good plaintiff lawyer, or even getting rid of the car (Which in itself has legal ramifications).

Your help in this matter is greatly appreciated.

Asked on 5/10/04, 5:18 pm

1 Answer from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC
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Re: Auto Dealer refusal of Warranty Repair

Your friend most likely has some warranty claims under the Alabama Code and the Federal Magnuson Moss Warranty Act. If he has taken the vehicle in for the same problem 3 times, he can make a claim under the Mag-Moss Act. If it can be proven that they knew the problems existed and failed to tell him, he might have a fraud/misrepresenation/supression claim.

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5/11/04, 8:56 am

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