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Voided or Denied Warranty Experiences

28 messages,  Last post on Sep 10, 2008 at 1:05 PM

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What is this discussion about? Car Buying, Car Warranties, Certified Used (CPO)


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#19 of 28
Re: The Evo and Mazdaspeed boards [mattandi] by Mr_Shiftright HOST
Sep 05, 2008 (10:20 am)
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Replying to: mattandi (Sep 05, 2008 10:01 am)

I don't know all the details. The poster never followed up. Basically he bought a used Volvo from a dealer (non Volvo) and later on found out his car had only a partial warranty, the "fuel system" portion being voided. I don't think he has any idea why it was voided on this item. I can only presume modifications, such as....what? larger injectors? some gas-saving scam like "water for gas" or some such?
#20 of 28
Re: The Evo and Mazdaspeed boards [Mr_Shiftright] by volvomax
Sep 05, 2008 (2:22 pm)
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Replying to: Mr_Shiftright (Sep 05, 2008 9:55 am)

All the form states is that the manufacturers warranty still applies.
Whatever that warranty is.
Since the re-seller isn't telling you exactly what that warranty does and doesn't cover, it's not misrepresentation.
 
Now, if you tell someone that something IS covered under a manufacturers warranty and it isn't, then you have a case.
 
Bottom line, if you want to be protected, buy a CPO car.
#21 of 28
Re: The Evo and Mazdaspeed boards [volvomax] by Mr_Shiftright HOST
Sep 05, 2008 (7:15 pm)
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Replying to: volvomax (Sep 05, 2008 2:22 pm)

Let's agree to disagree on that. I think it is misrepresentation. Claiming no knowledge of the omission does not get you off the hook legally IMO, because the buyer assuming there's a full warranty was a CRITICAL factor in his decision to buy the car. If the dealer has merely said "she runs great" and it craps out, that's okay. But when he advertises "remainder of factory warranty" on the window sticker and there isn't one, uh-uh, that is, to my mind, definitely not good.
 
I vote for the plaintiff, if I have been given the facts straight I mean.
#22 of 28
Re: The Evo and Mazdaspeed boards [Mr_Shiftright] by volvomax
Sep 08, 2008 (10:01 am)
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Replying to: Mr_Shiftright (Sep 05, 2008 7:15 pm)

But when he advertises "remainder of factory warranty" on the window sticker and there isn't one, uh-uh, that is, to my mind, definitely not good.
 
Actually, in the case in point, there was factory warranty remaining. Just not on a certain system.
That is a far cry from saying that NO warranty was left.
If a dealer had indicated that the factory warranty was still in effect, and it had ENTIRELY expired, either due to miles or time, then you would have a case.
There is just no way that a used car dealer,e sp one with dozens, if not hundreds of cars can determine the exact warranty status, or what coverage is actually available.
Some things a responsible buyer must do for themselves.
#23 of 28
Re: The Evo and Mazdaspeed boards [volvomax] by Mr_Shiftright HOST
Sep 08, 2008 (10:10 am)
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Replying to: volvomax (Sep 08, 2008 10:01 am)

Again, I don't know all the facts of this case, so it's unclear to me who is right and who is wrong here.
 
If the box checked "warranty" was viewed by the seller, yes, he should have asked what that means. I agree with you then. "What kind of warranty?"
 
But if he was told the car had "the factory warranty", and not told that it was "partial", then IMO the car was misrepresented and the dealer is wrong, whether he gave that info intentionally or not.
#24 of 28
Re: The Evo and Mazdaspeed boards [Mr_Shiftright] by volvomax
Sep 08, 2008 (12:57 pm)
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Replying to: Mr_Shiftright (Sep 08, 2008 10:10 am)

But if he was told the car had "the factory warranty", and not told that it was "partial", then IMO the car was misrepresented and the dealer is wrong, whether he gave that info intentionally or not.
 
Actually he was told that it had the REMAINING factory warranty, which is true.
 
How many u/c dealers know what the Volvo warranty even is?
Prob not many.
I couldn't give you the particulars of Nissan's warranty, or BMW's.
 
It's very easy to say, the dealer is wrong.
But, it's not the dealers fault.
Ultimate responsibility rests w/ the buyer.
All the buyer had to do was call a local Volvo dealer w/ the VIN and get the warranty history.
Or, they could have paid a few bucks more and gone w/ a Volvo CPO car that would have guaranteed a warranty.
#25 of 28
Re: The Evo and Mazdaspeed boards [volvomax] by Mr_Shiftright HOST
Sep 08, 2008 (3:25 pm)
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Replying to: volvomax (Sep 08, 2008 12:57 pm)

so if I tell you that you can have the remaining sandwiches from the picnic does that mean they can all have a big bite out of them?
 
You'd make a great defense lawyer but that last little bit sounds weak to me.
 
I'm just sayin'....
 
#26 of 28
Re: The Evo and Mazdaspeed boards [volvomax] by exb0
Sep 09, 2008 (11:56 am)
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Replying to: volvomax (Sep 08, 2008 12:57 pm)

I am not a lawyer, however, it seem to me that the burden of proof would fall on the expert that is the u/c manager.
 
How many people would know to a call a Volvo dealer to determine what the remaining warranty is? Better yet, how many people know there is such thing as partial warranty? On the other hand, the u/c manager should know how to verify this and disclose all the information.
#27 of 28
Re: The Evo and Mazdaspeed boards [exb0] by Mr_Shiftright HOST
Sep 09, 2008 (4:38 pm)
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Replying to: exb0 (Sep 09, 2008 11:56 am)

My argument was that proof is not even required here. You wouldn't have to prove that the dealer was trying to deceive you. I think you could still win the case even if the dealer proved he had no knowledge whatsoever of the partial warranty.
 
Without AS IS, the dealer is definitely in jeopardy, IMO.
#28 of 28
Re: The Evo and Mazdaspeed boards [exb0] by volvomax
Sep 10, 2008 (1:05 pm)
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Replying to: exb0 (Sep 09, 2008 11:56 am)

look, all the form states is that the remaining manufacturers warranty still applies.
WHATEVER that warranty entails.
It is not a requirement of the u/c dealer to state what that warranty covers or doesn't cover.
The form is only to let the consumer know that there IS warranty.
You are asking WAYYYYY too much from a u/c dealer.
It ain't gonna happen.
 
Heck, there is a local dealer here that specializes in Lemon Law cars.
In AZ, a Lemon Law buyback doesn't have to be disclosed at all.
Guess what? This guy doesn't.
Yes, it's shady. but, that is the U/C business.
If you want to deal w/ reputable people, buy a CPO used car from a new car store.

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