“No Fix Is Available At This Time.” Whose Fault Is That?

April 20, 2011
By: Robert Silverman

As we have frequently reported in the Lemon Law Blog, this downtrodden economy has eroded the quality of manufacturers warranties.

The industry has placed tremendous limitations on warranty repairs.  Manufacturers have set specific time limits on how long it should take for a mechanic to duplicate a problem and fix it.  Unfortunately, many problems are not addressed right away, often leaving a driver with an intermittent problem that could leave them stranded at a moment’s notice, anytime, anywhere.

Factories are closing left and right,  resulting in parts being on back order for months at a time.  Imagine leasing a convertible  that you cannot dive through the Spring months, or being offered a loaner coupe to drive your three children to soccer practice while your minivan’s in the shop.  It’s happening throughout the Country and while the Lemon Law does provide protection in these situations, not every consumer is aware of their rights.

Now we are faced with a new ever-growing dilemma.  The service advisor knows that there is a problem, they verified it, but the manufacturer does not have a fix at this time.  Whose fault is that?   Are you supposed to sit idly by and wait for technicians to come up with a fix?  Or do you take action?

If you find yourself in this predicament, the first thing you need to do is make sure the service advisor puts the term “no fix at this time” in writing on your repair invoice.  This confirms that they are aware of a problem and in essence, they are breaching their manufacturers warranty.  After all, this warranty ensures that problems will be fixed efficiently and effectively, and that is not happening.  Next, make an appointment at another manufacturer authorized dealership for a second opinion.  Take the service advisor on a test drive where you can illustrate and duplicate the problem for them.  If they also tell you there is no fix, make sure you obtain a second invoice and ask if the manufacturer has provided anything in writing to their dealerships pertaining to this problem.  At that point, you should contact 1-800-LEMON LAW or another  lemon law attorney in your state to discuss your situation and a strategy to get the matter resolved.

Remember, if you do not fight for your rights, no one else will.