My question involves a consumer law issue in the State of: Massachusetts
We purchased a car, brand new, off the lot, in 2011. Dealer contracted and paid another company to install a sunroof before we purchased and took delivery of the car.
Fast forward to 2017. We attempt to get a recall concerning the side curtain airbags resolved. Local dealer will not repair, stating that the retaining clip involved in repair had been modified. After five months of back and forth with dealer, manufacturer, etc., the auto manufacturer sends out someone from corporate that inspects the car. They stated that the airbag inflation mechanism had been moved and that the screws used to re-install the airbag were such that they would most likely rip the airbag on discharge, rendering the airbags useless.
This now goes beyond being unable to perform a recall repair. The car was modified in an unsafe way before we purchased. We have in writing that this car is unsafe to drive.
Now, the dealer we purchased from has been helpful in trying to get the recall taken care of. At this point, we realize, and they realize, that this car is unsafe to drive unless massive modifications are done. The dealership is working to see what they can do to 'get us out of this car'. We currently are renting a car as we feel unsafe driving the car, realizing the extent of the 'damage' done by sun roof installer. We now live nine hours from the purchasing dealership and we refuse to drive this car. At the least, I feel they are obligated to pay us for the rental car, buy our car back (or replace), and handle transportation of our car to wherever it needs to go as well as the transportation of us to wherever our replacement car is. I also feel like they should handle any transaction fees, taxes, and registrations required.
Outside of this airbag issue, we have maintained the car, it runs well, we love it. We had no intention of getting into a new car for at least 4-5 years, and even then we had planned to hand this one down to our daughter. Getting into something new was not our intent at all.
Some people say that since we were sold a brand new car that was essentially dangerous and out of specs that we should seek a full refund on the car or credit in the full purchase price towards a new car.
Advice? Do we need to retain a lawyer? What is reasonable to expect from the dealership? Is the corporate auto manufacturer at fault in any way? (I'm guessing no on this). Do we have the right or obligation to go after the aftermarket sun roof installer? As we did not have any transaction with them or pay them any money, I feel no.
Thanks.
We purchased a car, brand new, off the lot, in 2011. Dealer contracted and paid another company to install a sunroof before we purchased and took delivery of the car.
Fast forward to 2017. We attempt to get a recall concerning the side curtain airbags resolved. Local dealer will not repair, stating that the retaining clip involved in repair had been modified. After five months of back and forth with dealer, manufacturer, etc., the auto manufacturer sends out someone from corporate that inspects the car. They stated that the airbag inflation mechanism had been moved and that the screws used to re-install the airbag were such that they would most likely rip the airbag on discharge, rendering the airbags useless.
This now goes beyond being unable to perform a recall repair. The car was modified in an unsafe way before we purchased. We have in writing that this car is unsafe to drive.
Now, the dealer we purchased from has been helpful in trying to get the recall taken care of. At this point, we realize, and they realize, that this car is unsafe to drive unless massive modifications are done. The dealership is working to see what they can do to 'get us out of this car'. We currently are renting a car as we feel unsafe driving the car, realizing the extent of the 'damage' done by sun roof installer. We now live nine hours from the purchasing dealership and we refuse to drive this car. At the least, I feel they are obligated to pay us for the rental car, buy our car back (or replace), and handle transportation of our car to wherever it needs to go as well as the transportation of us to wherever our replacement car is. I also feel like they should handle any transaction fees, taxes, and registrations required.
Outside of this airbag issue, we have maintained the car, it runs well, we love it. We had no intention of getting into a new car for at least 4-5 years, and even then we had planned to hand this one down to our daughter. Getting into something new was not our intent at all.
Some people say that since we were sold a brand new car that was essentially dangerous and out of specs that we should seek a full refund on the car or credit in the full purchase price towards a new car.
Advice? Do we need to retain a lawyer? What is reasonable to expect from the dealership? Is the corporate auto manufacturer at fault in any way? (I'm guessing no on this). Do we have the right or obligation to go after the aftermarket sun roof installer? As we did not have any transaction with them or pay them any money, I feel no.
Thanks.
Sales Agreements: Sold Brand New Car That Dealer Modified; Modifacation Deemed Unsafe
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