How do I find a lawyer for breach of warranty for a used car?

November 13, 2023 2:38 PM

I have a warranty for an engine that isn't being honored by the dealer that I purchased the car from. It seems hiring a lawyer for this would cost $3500-5000 which I'm nervous about spending to try to get paid back the $7500. I'd also be splitting the cost of neutral party arbitrator. What should I expect to spend on a lawyer for this and is there any advice on finding an appropriate lawyer for this?

There is more detail in this pervious question.

This would be done through arbitration, and it is about $7500 I'm paying out of pocket for the repair. Waiting to get approval from the dealer took about 7 weeks so I also have car rental and ride share charges that I would like to recuperate due to the excessive time I've been without a car.

If not hiring a lawyer is representing myself feasible in this situation?

posted by ridogi to Law & Government (7 answers total)

the term for this kind of practice is "lemon law", you can just search for "lemon law attorney near me" and see who comes up. These folks will know whether your issue is one you can win, so talking to them briefly should give you the advice you need. (Sometimes it is obvious that you got screwed but that is not the same thing as having a winnable case, so it is best to ask the folks whose job it is to differentiate between winnable and not-winnable cases.)
posted by fingersandtoes at 2:56 PM on November 13, 2023 [3 favorites]

Do you have comprehensive insurance? This might also help with recovering costs from being without a working insured vehicle.
posted by They sucked his brains out! at 3:47 PM on November 13, 2023

Best answer: Welcome to the Hyundai Engine II Class Action Settlement Website. FAQ page. Settlement includes "2014, 2015, 2016, 2017, 2018, 2019, and 2020 model year Hyundai Elantra GT vehicles with a Nu 2.0-liter GDI engine."

Recent news about the Hyundai & Kia class action lawsuit re: oil consumption & engine defects, example at the Lemon Firm. "Over 2 million vehicle owners have been affected by oil consumption issues prompting a class-action lawsuit against the manufacturers. However, recently an agreement has been made that might relieve the consumers. It means you might be entitled to compensation if you own an affected vehicle. Let’s walk through the details and learn what this implies for you as a Hyundai or Kia owner."

Get a lawyer. The Lemon Firm is in California, but you can look for a similar firm near you, or to local Legal Aid resources, or find law schools with clinics. ABA list of schools with public-interest clinics, including consumer law. Your State Attorney General .gov site has info on legal referral services and clinics.

If you're not eligible for the settlement because you purchased through CarMax, the case at least strengthens your argument that the problem is not due to the catalytic converter.
posted by Iris Gambol at 4:36 PM on November 13, 2023 [2 favorites]

Best answer: Whatever consumer laws your state has will be on the Attorney General's site; consider calling them; they may have information or help to offer.
posted by theora55 at 7:27 PM on November 13, 2023

Response by poster: Talking to person from Attorney General's site this doesn't fall under lemon laws as it is an extended warranty, but a consumer complaint through them is still possible.

The Hyundai class action settlement likely doesn't apply as it is for failure of connecting rod bearing which is not the issue with my engine but I'll still pursue that as a possibility.
posted by ridogi at 1:29 PM on November 14, 2023

Response by poster: These sites talk about pending class action specific to burning oil.

hyundaimaintenance.com and carcomplaints.com
posted by ridogi at 3:04 PM on November 14, 2023

I can't imagine trying to represent yourself would be worth it. At bare minimum, I would hire a lawyer to write a letter for you. If you get lucky, that may swing things your way. You'll know more about how ugly they are willing to play from their response to that.
posted by BlueHorse at 4:42 PM on November 14, 2023