General legal advice when dealing with new and used car dealerships

[BRZ_Lawyer]

I am hearing a lot of people having trouble at subaru dealerships with purchasing the car and service of the car. Since the car is in heavy demand you have to watch out for the dealer taking advantage of you. Here is some general suggestions.

1) When shopping for the car: put a REFUNDABLE deposit on the car as soon as you reach a price you like. The deposit should be paid by check and in the memo section write the refundable purchase price, vin number of the car you want and settlement date.

2) have everything i MEAN EVERYTHING IN WRITING when negotiating.

3) when going over the contract with the dealer (new cars) make sure you flip the contract over and read the backside of the paper. A lot of times they hide harsh terms on the back of the contract which people dont bother to look at.

4) if you are buying a used BRZ (like i did) make sure you call Subaru, and give them the VIN number. Have them e-mail you a guarantee that you have warranty left on the car. (i found this pretty easy so long as I identified the dealer who I bought the car from)

5)Since most of us will customize the car, make sure you have in writing what things you can do to the that WILL NOT void the warranty. Generally Subaru will limit warranty for certain things, however a specific dealer can actually go beyond the factory warranty and will honor warranty that Subaru may not necessarily honor. Again you must get this in writing.


***Disclaimer this advice is for general purposes only. I am a licensed attorney in New Jersey and Pennsylvania so this advice may not necessarily apply to you. Getting online advice is not the same as consulting a lawyer, so by no means rely on general advice to solve your legal issues*****

[AR35]

Good info here.

[Gunman]

Regarding warranty due to mods, know you're legal rights in the U.S.:

http://www.semasan.com/page.asp?cont...ranty&g=semaga

[BRZ_Lawyer]

@Gunman thanks for bringing that website to my attention

[Gunman]

Lots of misinformation out there on what you can and can't do without violating warranty, and dealers are not going to offer up the facts. Luckily us gearheads have SEMA.

[Jive Turkey]

completely random @BRZ_Lawyer but where in jersey are you located, go to any meets? i'm a 1L now fyi

[Frostyman]

Excellent site! that's been bookmarked.

[Lonewolf]

Here's a post I made some time back that seems to fit the theme of this thread:

***DISCLAIMER: The subsequent material does not constitute legal advice or legal representation in any way, shape, or form. The material is provided for ENTERTAINMENT PURPOSES ONLY, and was originally posted on an Internet community forum. The views expressed herein do not necessarily reflect the views of the owners, moderators, or administrators of the Internet forum. No portion of the subsequent material may be reproduced, retransmitted, copied, posted, printed, downloaded, or linked without express written consent from a site administrator.


There is a great deal of confusion regarding vehicle modifications and manufacturer warranties on the Internet. What follows are some simplistic clarifications to help consumers navigate the murky waters of vehicle modifications and warranties.


Magnusson-Moss Warranty Act: This act provides a host of benefits for common consumers, and some protections for automotive enthusiasts as well. The Magnusson-Moss Warranty Act may be viewed as a federal "lemon law" (California's state lemon law is the Song-Beverly Consumer Warranty Act). Lemon laws serve the basic function of protecting the consumer from vehicle defects and improper warranty denial or abuse.


Magnusson-Moss provides that before a manufacturer can deny warranty coverage as a result of a vehicle modification (e.g., aftermarket exhaust or wheels), the manufacturer must provide proof or evidence that the aftermarket part caused or contributed to a warranty concern or issue. [*Please check your owner's manual for the extent and duration of all vehicle warranties before attempting to assert protections provided by Magnusson-Moss.]

For example, if you have an aftermarket exhaust, and you take your car to the dealership to service a transmission issue, the manufacturer must demonstrate a causal link between your aftermarket exhaust and the transmission issue in order to deny warranty coverage that would have addressed the transmission issue.


In the event that an aftermarket part or component is found to have caused or contributed to a warranty issue, then the warranty for that specific manufacturer part is no longer valid; the warranty for the rest of the vehicle still remains in effect. For example, a manufacturer cannot void your powertrain (engine/transmission) warranty because you installed an aftermarket stereo head unit and amplifier in your car, and your factory speakers are now blown and no longer functional. Only the portion of the manufacturer's warranty for the vehicle's factory (original) sound system is affected. Your powertrain warranty remains intact despite the fact you modified the interior of your car, damaged the factory speakers, and no longer have warranty coverage for your factory/original sound system.


Real World Implications: Despite the protections provided by Magnusson-Moss, many automotive dealerships (which are independently owned and operated) will attempt to void vehicle warranties (or refuse service under warranty) because of aftermarket parts or modifications because they know that many people are not aware of their rights, will not go through the trouble of fighting the dealership and/or manufacturer, or do not want to wait to have vehicle service performed at a later date. *Remember that your vehicle warranties are through the manufacturer, and that the dealership is compensated by the manufacturer for warranty service when the service is approved by the manufacturer or its service divisions.


Preventative Solutions/Tips:
1) Try to have your vehicle serviced at a dealership that is fair and reasonable with respect to vehicle modifications. Inquire as to the dealership's stance regarding modifications before going in for service with aftermarket parts installed. Some dealerships are owned by enthusiasts and they appreciate the modifications performed by owners, and other dealerships don't want to deal with the potential liability or headaches that come with servicing modified vehicles under warranty. There are many dealerships that take no issue with modifications such as air intakes, cat-back exhausts, lowering springs, and aftermarket wheels, but draw the line at more involved modifications such as forced induction or aftermarket tunes. Conversely, there are dealerships that will take issue with minor modifications such as an aftermarket air filter or an axle-back exhaust.


2) Certain manufacturers provide branded performance parts such as intakes and lowering springs from in-house racing developers or third party affiliates such as TRD or STi. Performance upgrades from these sources are often backed with factory warranties so long as they are installed by a dealer. This is one potential way to avoid warranty hassles, but the trade-off is that these upgrade parts are limited in application and can be rather expensive.


3) Some dealerships will even install aftermarket (not from TRD or STi) parts for you, but be aware that if something goes wrong, and a warranty issue arises, all bets are off regarding your treatment by the dealership. If possible, get a written representation from the dealership that installed the aftermarket parts that you will be covered in the event of a subsequent warranty issue.


Editor's note: Organizations such as SEMA can provide you with more in-depth information and additional resources regarding the aftermarket industry and aftermarket parts.