Who's to stop the victim from recording evidence, accepting the replacement car, and submitting said evidence anonymously to the media and / or consumer protection and / or the car safety institutions?
Are NDAs like that actually enforceable?
Are NDAs like that actually enforceable?
Wow that would be awesome. Someone I know here in the EU had a leaking sun roof on their Toyota and after so many fixes and replacements that did nothing (and she had to pay for) the dealer basically said "we can't fix it, the parts are made by another company bla bla ...".
Normally I try to support stores over Amazon in a "use it or lose it" sense but that particular retailer is the exception.
I never heard of a US lemon law equivalent for the EU, but the EU has pretty good general consumer protection. It varies somewhat between countries, but here in Poland if you buy a new item, if it breaks, it gets repaired under warranty and then it breaks again (it doesn't have to be the same component) the consumer has a choice of asking for a replacement, lowering of the price, or even withdrawing from the purchase altogether. Most people are not aware of this and are getting strung along by unscrupulous sellers. I myself had a situation like this with an induction hob that broke 6 times during the warranty. They then replaced it for a new one and that too broke a month later. I didn't even call them, I threw the damn thing out and I bought a different brand. It has been 3 years and that one has been working fine. Had I known I can withdraw from the purchase back then I'd definitely do it.
If that was a new car recently bought from that dealer, that’s their problem. In the EU (for sales to consumers), it’s the seller that’s responsible for delivering a product that’s fit for purpose. This dealer can’t hide behind the manufacturer or its suppliers (https://europa.eu/youreurope/citizens/consumers/shopping/gua...)
If the car wasn’t bought there or was older than 2 years, the rules only apply to the repair, not to the entire car. I think that means they would either have to fully repair the roof or give you something that’s at least as good as what you brought in for free (things do get murky there for my understanding of the law)
(of course, all that is in theory. In practice, companies will try to avoid having to do that)
I say this as a person who very much wanted to sue Tesla and backed down on the advice of my lawyer friend -- I was most likely only increasing my net loss and severely stressing myself out
It (and the blue check), just isn't worth it.
source?
Most states can't / won't enforce Non-Competes, but NDAs often have teeth.
Most states also have warranty and lemon laws, often specifically aimed at cars, so you could fight the NDA or ignore it and push for a warranty violation or lemon law case.