Magnuson Moss Warranty Act - Demand letter, responsibility?

[quincy]

Here is a link to information on Washington's implied warranty:
https://www.atg.wa.gov/implied-warranty

I suggest you return the vehicle for its original purchase price.

 

[bthrasher99]

You can return the vehicle to the dealership for another vehicle or recover your purchase price of the vehicle, based on Washington's implied warranty law.

While being mediated through the BBB they offered to "trade out" the vehicle, we noted that we would attempt a resolve with them, however, when we got there all they wanted to do was put us neg. $8,000.00 in the newer vehicle essentially selling us another car while us still paying for the non running vehicle. They also wanted us to file one more claim for the car before they would do the trade in because they did not want to inherit the problems and needed to resale the car. Sickening really.
The attorney generals office instructed us to obtain legal counsel because they said we had a good case but since the dealership wasn't responding that we were free to go outside of arbitration and seek damages. In short. Which we did. Unfortunately, fighting this and providing alternative transportation for my wife and kids has tapped us out beyond our comfort zone. The attorney we finally went to likes the case but is obviously requiring a $5,000.00 retaining fee. Which we can put up but that is as far as I could go if things go sideways. So, in short, if I can't get it done within that fee I would be S.O.L..

 

[justalayman]

I see nothing that extends that requirement beyond the time of the purchase. As I read the link, as long as the car meets the requirements at the time of the purchase, it fulfills the law. Suggesting the dealer has to provide a warranty for at least 6 months (the length of time the first issue was addressed), I believe, makes statements not included in the law. That is why I asked long ago about whether any of the issues were possibly present at the time of the sale.

Implied warranty: Merchantability; usage of trade.

(1) Unless excluded or modified (RCW 62A.2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade under the contract description; and
(b) in the case of fungible goods, are of fair average quality within the description; and
(c) are fit for the ordinary purposes for which such goods are used; and
(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
(e) are adequately contained, packaged, and labeled as the agreement may require; and
(f) conform to the promises or affirmations of fact made on the container or label if any.
(3) Unless excluded or modified (RCW 62A.2-316) other implied warranties may arise from course of dealing or usage of trade.

 

[quincy]

While being mediated through the BBB they offered to "trade out" the vehicle, we noted that we would attempt a resolve with them, however, when we got there all they wanted to do was put us neg. $8,000.00 in the newer vehicle essentially selling us another car while us still paying for the non running vehicle. They also wanted us to file one more claim for the car before they would do the trade in because they did not want to inherit the problems and needed to resale the car. Sickening really.
The attorney generals office instructed us to obtain legal counsel because they said we had a good case but since the dealership wasn't responding that we were free to go outside of arbitration and seek damages. In short. Which we did. Unfortunately, fighting this and providing alternative transportation for my wife and kids has tapped us out beyond our comfort zone. The attorney we finally went to likes the case but is obviously requiring a $5,000.00 retaining fee. Which we can put up but that is as far as I could go if things go sideways. So, in short, if I can't get it done within that fee I would be S.O.L..

The cost of the attorney being outside your budget is not something we can help solve other than to suggest that you look for an attorney who will work out a payment plan with you that fits within your budget.

I think you have a legitimate complaint.

 

[bthrasher99]

The cost of the attorney being outside your budget is not something we can help solve other than to suggest that you look for an attorney who will work out a payment plan with you that fits within your budget.

I think you have a legitimate complaint.

I think so as well and on principle I would be willing to gamble . Some points that justlayman is proposing are making me a bit nervous, but are very real things that I may encounter. I think that I am going to pull my resources in and go for it. I have never felt so backed into a corner before but we can no longer do what we are doing. It is insanity. I am wanting to either do a demand letter myself or have one drawn up but need to try to do as much leg work as possible. I just want to make sure that I have tried in honesty to remedy this situation.

 

[bthrasher99]

Here is a link to information on Washington's implied warranty:
https://www.atg.wa.gov/implied-warranty

I suggest you return the vehicle for its original purchase price.

sorry it took me a bit to get back to you. I wasn't trying to be rude but we are living in crazy-town these days. Thank you for the input. This is the same RC that my wife found (my smarter half). We agree, we are sending demand letters tonight ourselves but are going to put our everything into retaining representation if this doesn't get taken serious by our seller. If we go to court, however, we will be seeking damages. We have an additional $9,00.00 in out of pocket expenses directly related to repairs. We have multiple missed days and spent vacation hrs. dealing with this not to mention cancelled trips, cancelled vacations, and alternate transportation (my wife's Uber bill is ridiculous). Our kids have horrible attendance this year due to this, my wife typically drives them to school but Ubering the kids to school has gotten out of hand. Please, if you think of anything, and this goes for all who replied, please chime in. If nothing else, it keeps me sharp. I will keep this thread posted of our outcome for future searches on this particular subject.