Q: I purchased a pre-owned vehicle with time remaining on the New Vehicle Warranty but denied coverage by a service center.
The New Vehicle Warranty is transferable. I participated in an arbitration and the manufacturer was ordered to repair the car. The manufacturer has blacklisted the car, preventing any service done to the car including recall repairs, can't even make a service appointment. Since I've completed the arbitration, do I have a Mag Moss Act case based on the fact the blacklisting of the car acts as a disclaimer to the warranty, which is what Mag Moss Act is all about. The car technically isn't a lemon. The issue is about the blacklisting, which I think might have been done due to an error in the CPO paperwork. The manufacturer is not cooperating. Mag Moss Act allows damages and legal fees. I want to initiate a case and seek reimbursement for my lost time (200 emails, around 100 calls, I'm self employed, so the time is money) Also, the blacklisting majorly effects the value of the car which I purchased as an investment. The original MSRP on the car was in the range of $200k
A: You have quite a few issues here in your post. There are quite a few legal issues as well that relate. The biggest issue right now is there's a recent case in California that says used cars are no longer covered by the lemon law. A good lemon law attorney can probably find a way around that but there are no guarantees it's open season on consumers in California now...
Leon Bayer agrees with this answer
The damage to the windshield was caused by the negligence of the repair shop, wasn't it? If so, it is not a mechanical defect and is outside of the warranty and the manufacturer has no responsibility for it. Your claim is against the shop.
Damages for your wasted time is not recoverable.
You might have a claim against the party who sold you the car. That would require you to prove that the car had existing hidden defects, known to the seller. I think the manufacturer has a duty to disclose the warranty repair history.
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