New Car Owners and Legal Rights
1. At Bob Moore Jr. Auto, we can do ANY and ALL service work on Brand New Cars! We will match the work & match the price for new car owners on any promotion from a new car dealer service center. Just give us a call to schedule an appointment and bring us a copy of the coupon or promotion or maintenance plan scheduled work.
2. Enjoy Your Freedom! You can take your brand new car anywhere you want to have it serviced, and it wont void the new car warranty…Really!
It all goes back to a law enacted in the 1970s that allows you, the automobile owner, the freedom to choose where and by whom you have your car serviced, all without voiding the car’s warranty. And let’s face it, that new-car warranty is one of the main reasons we buy a new car. Well, that and that new-car smell!
The law is called the Magnuson-Moss Warranty Act, and among the many things it does is empower the Federal Trade Commission to prohibit car manufacturers from voiding a vehicle’s warranty because service was done by a non-dealer.
Specifically, the language states, “No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer’s using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade or corporate name; except that the prohibition of this subsection may be waived by the commission if – (1) the warrantor satisfies the commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and (2) the commission finds that such a waiver is in the public interest.”
In other words, if the company that built your car was going to require you to have that car serviced at the dealership as part of the warranty, the dealership would have to provide that service for free. Since not too many dealerships are in the habit of giving away free services, it means you, the customer, are free to take your car anywhere—a lube shop, garage, full-service auto center, even a competing dealership—to have it maintained.
“It’s a common misconception that only car dealers can perform the maintenance services on a newer vehicle that is under warranty,” said Rich White, executive director of the Car Care Council. “Clearly, consumers can have maintenance services done by their local independent service shop without affecting warranty, even though dealers and manufacturers often suggest the opposite.”
3. The act also applies to the parts required for service, as well.
“Manufacturers cannot require consumers to buy parts or services from a particular company to meet warranty requirements, except under rare conditions,” said Charles Tupper, policy adviser for the Automotive Oil Change Association (AOCA). “If a consumer is told only the original equipment filter will not void the warranty, that person should request that the OE filter be supplied free of charge. If that individual is charged for the filter, the manufacturer is violating Magnuson-Moss.”
Tupper said that while it is not illegal for dealerships or manufacturers to “suggest” owners maintain their vehicle at a particular facility, requiring that service is.
The Magnuson-Moss Warranty Act is named for Senator Warren Magnuson of Washington and Congressman John Moss of California. Enacted in 1975, the law was intended to stop the then widespread misuse of express warranties and disclaimers by merchants. At the time, many merchants offered a “full warranty” that really wasn’t, as consumers would find when they read the fine print. The Magnuson-Moss Act required full warranties to not limit the duration of a warranty, to not limit coverage to first purchasers, to provide warranty service free of charge, to replace the product if it was unable to be repaired and prohibited manufacturers from requiring consumers to perform any duty as a precondition for receiving service (i.e. taking their car to a dealership for maintenance). That’s why most manufacturers today only offer “limited warranties,” which do not have to meet the federal minimums. Lucky for consumers, the rules governing warranty preconditions also apply to limited warranties.
As with any rule, however, there are limited exceptions. When there are no alternatives to recommended parts, or where the alternatives would not permit a vehicle to operate properly, a manufacturer may be allowed to require customers to purchase parts through dealerships, which is why some rare motor oils or transmission fluids can usually only be found at the dealer—and are usually much more expensive than those found elsewhere. Once the parts are purchased, however, customers can have their vehicles serviced at the facility of their choosing.
4. In the end, the Magnuson-Moss Warranty Act gives owners of cars and trucks the freedom to choose where their vehicle will be serviced without having to worry about whether or not the choice of a facility other than the dealership will void their new-car warranty.