What can I do if the dealer refuses to honor my warranty?
If a dealer or manufacturer refuses to honor a written warranty on your vehicle, you may have claims under the federal Magnuson-Moss Warranty Act and Florida's FDUTPA. Both statutes provide for attorney's fees if you prevail, meaning you can often pursue your rights at no upfront cost.
The Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) governs written warranties on consumer products, including motor vehicles. If a warrantor — the dealer or manufacturer who provided the written warranty — fails to remedy a defect covered by the warranty within a reasonable time, you are entitled to a replacement product or a full refund of the purchase price.
Common warranty refusal scenarios include: the dealer claims the defect is not covered by the warranty without a valid basis; the dealer voids your warranty because you had maintenance performed at an independent shop; the dealer makes repeated failed repair attempts without offering a replacement or refund; or the manufacturer's warranty has been misrepresented as covering something it does not.
Under the Magnuson-Moss Warranty Act's tie-in sales prohibition, a dealer cannot void your warranty simply because you used an independent mechanic for routine maintenance. The dealer must show that the independent service actually caused the defect at issue. A blanket policy of voiding warranties for independent service is illegal.
Florida's FDUTPA provides an additional layer of protection. A dealer who misrepresents warranty coverage, refuses to honor warranty terms, or uses deceptive practices in connection with warranty service engages in an unfair or deceptive trade practice. FDUTPA claims can be brought alongside Magnuson-Moss claims.
Before contacting an attorney, document everything: the warranty terms, the defect you reported, the dates and outcomes of each repair attempt, and any written communications with the dealer or manufacturer. This documentation is the foundation of your claim. Contact Daren Stabinski P.A. for a free case evaluation.