July 23, 2008
By: Robert Silverman
As the comments continue to pour in regarding our entry on paint defects with 2000-2005 Ford vehicles (54 so far, but who’s counting?), we thought now would be a good time to discuss when a paint problem can turn into a Lemon Law or Breach of Warranty claim.
We frequently receive calls from distressed drivers who are quite peeved over their paint. If the dealer is making any effort to fix the problem, either by buffing, or compounding, or painting certain components, you may have grounds to file a claim. Make sure that you ask for a repair invoice after each visit. These invoices should outline your complaint and what was done to fix the vehicle.
Depending on the invoices, we may be able to argue that the paint problem has diminished the value of the vehicle and therefore, the consumer is entitled to remedy under State Lemon Law or Federal Warranty Law.
Unfortunately, many folks call to complain of paint chips on their hood. These chips are often caused by road debris and while it’s extremely frustrating, these repairs are not covered under warranty. However, repairs that may be covered include paint peeling, rust, and blotches or scratches in the finish.
It’s important to ask questions. If you feel that your paint defect may be affecting the value of the vehicle (and you are still covered under a manufacturers warranty), bring the issue to your service manager. And, if they can’t fix the problem after a couple attempts, you should certainly consult a Lemon Law Attorney. You can always ask us a question. Remember, never be afraid to fight for your rights!