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Voided or Denied Warranty Experiences

46 messages,  Last post on Dec 26, 2012 at 5:13 PM

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

Messages Page 3 of 5

#17 of 46 Re: The Evo and Mazdaspeed boards [volvomax] by mattandi

Sep 05, 2008 (11:01 am)

Replying to: volvomax (Sep 05, 2008 10:11 am)
That would also be my guess. I realize the re-seller is not responsible for the details of a manufacturer warranty, what's covered, what the limitations and exclusions are, and so on. It is generally pretty easy to find out what those details are. Most mods that may void the warranty are usually spelled out as well.
 
It is an interesting issue. All my questions so far focus on when the voiding of the warranty happened. Shifty's OP is a little unclear on that. The only indication is the mention of actions by the previous owner, but that is iffy. The manufacturer would only know it was actions of the previous owner if the warranty void had occurred earlier. Otherwise they would have no idea when the mod happened.
 
Most likely the new owner is just going to have to bite the bullet on any repairs to the fuel system, but . . .
 
If the partial void had happened prior to the re-sale of the car, the buyer may have some recourse with the re-seller. The buyers guide said the warranty was in effect at the time the sale was made. That was not the case. Uphill battle for the new owner, but worth pushing at least a little.
 
If the partial void happened when the new owner took the car in for service and the mod was discovered, then he is just SOL. Even a check on the warranty status at the time of the sale would not have made any difference. A once over by a qualified technician may have picked up on the mod, but maybe not.

#18 of 46 Re: The Evo and Mazdaspeed boards [Mr_Shiftright] by mattandi

Sep 05, 2008 (11:11 am)

Replying to: Mr_Shiftright (Sep 05, 2008 10:55 am)
How far do we want to go with holding a dealer responsible for ignorant or negligent misrepresentation? I'm inclined to only hold them to what they reasonably can or should know. I would still push the issue if it ended up costing me money though, ignorance and negligence notwithstanding.

#19 of 46 Re: The Evo and Mazdaspeed boards [mattandi] by Mr_Shiftright HOST

Sep 05, 2008 (11:20 am)

Replying to: mattandi (Sep 05, 2008 11:01 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 46 Re: The Evo and Mazdaspeed boards [Mr_Shiftright] by volvomax

Sep 05, 2008 (3:22 pm)

Replying to: Mr_Shiftright (Sep 05, 2008 10:55 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 46 Re: The Evo and Mazdaspeed boards [volvomax] by Mr_Shiftright HOST

Sep 05, 2008 (8:15 pm)

Replying to: volvomax (Sep 05, 2008 3:22 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 46 Re: The Evo and Mazdaspeed boards [Mr_Shiftright] by volvomax

Sep 08, 2008 (11:01 am)

Replying to: Mr_Shiftright (Sep 05, 2008 8:15 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 46 Re: The Evo and Mazdaspeed boards [volvomax] by Mr_Shiftright HOST

Sep 08, 2008 (11:10 am)

Replying to: volvomax (Sep 08, 2008 11:01 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 46 Re: The Evo and Mazdaspeed boards [Mr_Shiftright] by volvomax

Sep 08, 2008 (1:57 pm)

Replying to: Mr_Shiftright (Sep 08, 2008 11:10 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 46 Re: The Evo and Mazdaspeed boards [volvomax] by Mr_Shiftright HOST

Sep 08, 2008 (4:25 pm)

Replying to: volvomax (Sep 08, 2008 1:57 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 46 Re: The Evo and Mazdaspeed boards [volvomax] by exb0

Sep 09, 2008 (12:56 pm)

Replying to: volvomax (Sep 08, 2008 1:57 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.

Messages Page 3 of 5

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