Must sign another contract?

[Chris in Vegas]

What is the name of your state? Nevada

My brother-in-law purchased a 98 Dodge Intrepid from a local dealership. There was a 60 day warranty with the vehicle. Approximately 30 days after purchase the engine froze and has been in the service department for the last 3 weeks.

He has since been driving a rental provided by the dealership.

The dealership told us that we have no choice but to pick another car of similar value and sign another contract.

My brother-in-law has decided not to deal with this particular dealership as this is the second car the family has purchased which has been in the shop for an extended period of time.

Is he obligated to choose another car?
Must he sign another contract for a vehicle he doesn't want?

What recourse do we have?

Thank you (my first post).

 

[JETX]

"Is he obligated to choose another car?
Must he sign another contract for a vehicle he doesn't want?"

You will have to read the original sales agreement to see what it says about warranty requirements.

 

[Chris in Vegas]

Understand. I will review. My initial feeling is that the contract which he signed had a specific VIN for that particular vehicle, they cannot say "well, we'll pick another car for you."

From my understanding the entire engine must be replaced. This new engine (if from another vehicle) will have a different VIN, which poses a problem.

Or they can have another engine built at the factory and have the correct VIN restamped. Two problems with this second option: 1. It is expensive, it probably wouldn't be worth the dealer's time and money to replace. 2. It is a 98 vehicle so it's possible the engine is not longer being produced.

Again, I will check the contract, but I have not seen one that basically says, "If the vehihcle you purchased turns out to be a piece of trash within the warranty period, we (the dealership) have a right to replace it with any vehicle we want."

 

[JETX]

Chris, either your first post was deceptive.... or this one.

In your first post, you said that the dealer told you to pick another car ("we have no choice but to pick another car of similar value and sign another contract"). Now, in your second post, you say that the dealer will pick one for you ("we'll pick another car for you" and "If the vehihcle you purchased turns out to be a piece of trash within the warranty period, we (the dealership) have a right to replace it with any vehicle we want"). Which is it??
I presume that they are asking you to come back to the lot and see if they have another car that would be acceptable to you.

Second post: "This new engine (if from another vehicle) will have a different VIN, which poses a problem.". Not true. The VIN is the VEHICLE Identification Number and has nothing to do with the engine (other than noting the size/location of manufacturer).

Also, there is no such thing having the 'factory' make a new machine with the old motor number on it. They will simply repair or replace the engine.

 

[Chris in Vegas]

No deception. My second post read that "they (the dealer) CANNOT say "well, we'll pick another car for you." That was my question, if we refuse to pick another vehicle from their lot, they cannot choose one for us, correct?

As to the VIN comment, this is from my personal experience with Harley Davidson. I purchased a new 98 Sportster Sport. The recommended maintenance schedule called for a 500 mile oil change and check-up. The authorized dealer performed the maintenance, but when they test drove it the transmission/engine locked up. They told me they would have to get a new engine and the original VIN would have to be stamped on it (matching numbers as the saying goes). They did this but then told me another part that was required was not longer in production (it changed for the new model year). I requested a full refund citing my state's lemon law and got the check. My point is that it can be extremely costly and time consuming to swap engines in the correct manner.

Add to this that the Dodge Intrepid was purchased at a Toyota dealership's used car lot.

All that to say different parts of a vehicle have the VIN stamped on them, including the engine. They cannot just swap engines out as the numbers would not match. I'm not familiar with the details, but you cannot have two engines with identical VINs.

 

[rmcnellis]

most situations of this type stand on their own merit. generally speaking, they cannot choose another vehicle for you. if they offer to get you another vehicle valued at what you paid for the first one, you should have the right to a same or similar vehicle (that is what gm or ford would do in lemon law situation, and a dealer usually would do no differently) but as i said, these situations often stand on their own merit. i would also say you are entitled to your money (and/or trade in if applicable) returned to you if you choose in lieu of another vehicle. the reason why they are going about this the way they are is because it will be cheaper for them to give you another vehicle for your money that it will be for them to return to you the vehicle you originally purchased in the same condition as when they sold it to you. they will probably put a used engine in it and wholesale it. then if they can sell it for more than they have into it, and still sell you a car, they are better off still. you will have to ask them about refunding your money and/or trade in, whichever is applicable. Your purchase agreement was for THAT particular vehicle (with a particular VIN, miles and options). they cannot just choose for you another vehicle that you do not want. either they fix the car you bought and return it to you in the exact condition as when you bought it, allow you to choose another same or similar vehicle for the same price, or refund your money.