Breach of Settlement after lemon law

[dave071]

Hello all!

I bought a new vehicle in 2013 and shortly after purchasing the vehicle it started to have problems. Long story short, the dealership failed to repair the defects and I sued under the PA lemon law and Magnusson Moss act. I reached a settlement with Ford. If they paid me money, I would drop my suit. In the settlement, I requested my lawyer put into the contract that basically my vehicle still has a warranty and I have the right to obtain warranty work on the said vehicle for all applicable warranties.

Here is that clause: "I retain the right to have warranty services performed upon the subject vehicle for the duration of all applicable warranties. This release does not in any way void any portion of any applicable warranties and Ford Motor Company will still perform warranty services on the subject vehicle, if needed, for the duration of said warranties."

Anyway, I received my check a few weeks ago. I go ahead and try to set up a service appointment with my dealership to get my car issues looked at. The service adviser informs me I have to go through the owner to get an appointment. No problem, call the owner and leave a message saying I need an appointment. A week goes by and I hear nothing, call again and leave the owners secretary a message to have him call me. This is the 3rd week and still haven't heard from the owner.

To me they are violating the settlement agreement since I can't get an appointment to get my car fixed. Its the only thing that made me comfortable signing the release since the dealer had been refusing me appointments before I filed suit. What's my recourse here? Is it even worth getting a lawyer?

 

[army judge]

I suggest you consult with your lawyer about your findings and see what he or she advises.
Should you choose NOT to do that, take the car to any other Ford or Lincoln dealer.
You aren't required to have warranty work done from the dealer where you bought the vehicle.

 

[Betty3]

Could you try going to the dealership in person to see if you can set up an appointment? Otherwise, you might go ahead & talk to a lawyer.

 

[dave071]

I suggest you consult with your lawyer about your findings and see what he or she advises.
Should you choose NOT to do that, take the car to any other Ford or Lincoln dealer.
You aren't required to have warranty work done from the dealer where you bought the vehicle.

Thanks for the quick reply! I will call my lemon law lawyer and see what he says. I live in a fairly rural area with 2 small Ford dealers. The next closest dealers are anywhere from an hour to one and half hours away. When I call the local dealer that I did NOT buy my car from they tell me to take it to the dealer I bought it from, lol! It might come down to me taking it to the dealers that are hours away but it's hard because I never get loaner cars and typically have to get a friend or my wife to follow me.

Could you try going to the dealership in person to see if you can set up an appointment? Otherwise, you might go ahead & talk to a lawyer.

I've seriously thought about doing this. I'm afraid of making a scene though. I might do this and see where it gets me...