Buda, TX asked in Consumer Law for Texas

Q: What type of lawyer would i need for an auto case where the company has the part on back order & no ETA when it will be

available. They have no loaner since its going to be a long term affair. They are saying damage is due from rodent but have not provided with the proof. This is an only car for 4 people, I need a vehicle.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Assuming that the vehicle is under warranty, a lawyer who practices in the area of consumer law may be helpful.

Your warranty likely limits the manufacturer’s responsibility to repair. But if you can prove that the part is actually available and not “on back order,” you may have a legitimate claim for breach of warranty.

Just to be clear: this is not hopeless. Sometimes it is a value choice. The part is available from one source for a price, but they prefer to order the part from a different less expensive source. They pay less but you are without your vehicle longer. A decent consumer law attorney can effectively argue that is a breach of the warranty because the repair is not being made in a reasonable time.

Of course, you also will have to make a value choice between paying an attorney $5,000-10,000 or more and waiting.

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