wawoodwa
Member
I must admit I am flabbergasted by all of the buyer beware advice. While well meaning, it doesn't apply to this case.
She bought the vehicle from a Merchant (dealership), not a private party. Moreover, it was provided with a warranty, which was expressly provided. Which means the transaction falls under multiple laws, including the UCC and the Magnuson Moss Warranty Act. There was an implied warranty of merchantability as well as it was not sold As-Is. She has more legal remedies, up to and including revocation of acceptance and return the vehicle for a refund.
Remember, warranties are provided by manufacturers and sellers not because they are required to by law (they could absolutely sell everything as-is), but to keep the sale intact. Without warranties, people would just drop the vehicle off and say, I'd like my money back. Many States do not allow the implied warranty of merchantability to be disclaimed.
She has rights, it is up to her if she wishes to use them. Or she can choose not to as well. I won't fault her for that. Time is money and sometimes the hours spent in righting a wrong is more than the value of what you are fighting. But to discard what rights she may have as "Buyer Beware" is not sound advice.
She bought the vehicle from a Merchant (dealership), not a private party. Moreover, it was provided with a warranty, which was expressly provided. Which means the transaction falls under multiple laws, including the UCC and the Magnuson Moss Warranty Act. There was an implied warranty of merchantability as well as it was not sold As-Is. She has more legal remedies, up to and including revocation of acceptance and return the vehicle for a refund.
Remember, warranties are provided by manufacturers and sellers not because they are required to by law (they could absolutely sell everything as-is), but to keep the sale intact. Without warranties, people would just drop the vehicle off and say, I'd like my money back. Many States do not allow the implied warranty of merchantability to be disclaimed.
She has rights, it is up to her if she wishes to use them. Or she can choose not to as well. I won't fault her for that. Time is money and sometimes the hours spent in righting a wrong is more than the value of what you are fighting. But to discard what rights she may have as "Buyer Beware" is not sound advice.