Legal Question in Consumer Law in Virginia

I dropped my car off at the repair shop the dealer told me I needed to use for the warranty. But was told the warranty was not covering the repair. Even though it didnt cover the repair, I had to pay 100.00 deductible to get my car back and the verbal estimate they gave me initially was 300.00, but later called me back to tell me the car needed a tune up and a timing belt and the total would be 710.00 plus the 100.00 deductible. When I advised them that I did not want the tune up or timing belt and would take the car to my own mechanic since the warranty was not going to cover it, I was told that the car would not be released to me, unless I authorized the work to be done. Now I have no car, no way to work and am worried because I am in a contract with this dealership and feel they may take some legal action against me to get the remainder that I owe on the truck. I just bought it in September 2009. Please tell me what my rights are or if I even have any, legally.


Asked on 3/25/10, 10:31 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Unless you signed a work order for the authorized work, the dealer must release your vehicle to you. Send these predators immediate written notice that your car must be immediately released into your hands in the same condition in which it was brought in or you will file a Warrant in Detinue plus other possible counts against the dealership in your local general district court and seek all damages allowable under Virginia law against them including the possibility of treble damages under the Virginia Consumer Protection Act. (This would include reimbursement for any vehicle you may have to rent during this period during which your vehicle has been subject to the wrongful distraint of the dealership.)

Then, if the vehicle is not promptly released to you, sue the SOB's in your

local general district court (civil division) as referenced above.

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Answered on 3/30/10, 12:53 pm


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