I went to Better Business Bureau, and they told me today that they cannot help me because their limits are 3 years or 36,000 miles. So I am screwed!!!!!

The dealership will not finish fixing my car because right now they have put in approximately 15 hours worth of labor @ $59.00 per hour, and they want to know who's paying. Volkswagen said that since the car is not at the dealership where I bought it that they will not help me. They cannot guarantee me that the problem is solved.

Where does that leave me? The car just shuts off for not apparent reason at any time. I can see myself driving down the highway with an 18 wheeler on my bumper going 70 miles per hour and then the car dies and me with it. I am also worried about killing someone (myself included). The car is a piece of crap!! I have owned many cars in my day, but none like this. I still cannot believe that VW will not stand behind their product.

Thanks for listening!!! Donna

ANSWER:

The terms of VW's express or written warranty are found in the warranty manual for your vehicle, or a similar model. If notice is provided during the warranty period of a warranty-type problem, and the factory refuses to make reasonable repairs, there may be a claim for breach of warranty.

If the factory warranty has expired, sometimes it is useful to investigate the vehicle's warranty history. If the same problem arose during the written warranty period and was not properly repaired, you may claim breach of warranty.

The manufacturer, VW, also gives an implied warranty of merchantability. This in its most simple form means the vehicle was in at least average condition during the factory warranty. Although the Connecticut "lemon" law period has expired, along with the factory warranty, one can still seek damages. In most jurisdictions, the statute of limitations is four years from the purchase date.

To go much further you will need to discuss all your options with a local attorney. Call the bar association for names of warranty-experienced lawyers; in the alternative, check with the Center for Auto Safety in Washington, D.C.

Also you may have rights against the selling dealership under the law of contracts, the uniform commercial code. However, I do not have enough facts to further comment.

Good luck and keep us posted on your progress.

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