|
Ok, here we go...
Last weekend my car starts having issues starting when warm and
stalling. Get an appointment with the dealer to investigate.
Drop the car off, talk to the woman at front desk, tell her the
following three symptons: check engine light, doesn't start when warm,
car stalls out at times at red lights, etc. Told her to call with
price estimates first before doing any work. She says it should all be
covered under extended warranty but will call anyway.
[sidenote: Purchased the car used in '03 and knew it had a 2 year
extended warranty -- didn't remember exactly which month I purchased it
-- didn't think twice when she said that it was covered under warranty,
after she took my name and looked up vehicle VIN number in their
computer system]
The work slip she gave me listed the three problems I mentioned and up
top, the vin number, model, etc.
They call and say I need this and this fixed and this replaced and bla
bla bla "it'll all be covered under the extended warranty"..... ok
whatever, sounds good! As long as it's free, go ahead and do the work.
Called them the next day to see if I could pick up car. No sorry, we
took it for a test drive after fixing this stuff and found another
issue -- will need another day. Is this also covered under warranty?
"yes" But there's this one thing that isn't covered that will cost
$150 (some maintenance on a non-warranty part). Ok go ahead and take
care of it.. Car will be ready tomorrow afternoon.
Great, problem solved and got away with only $150.. Went there, picked
it up, got a receipt with 5 things listed, all say N/C (no charge), and
the 6th thing for $150 + tax... Paid, done. Brought the car home.
Looking at the receipt, there was one completely unrelated item on
there they said they noticed during a road test and fixed (also N/C).
They never asked me about this issue nor did they ask for approval to
fix this. Whatever no big deal it was free.
Few days later I get a phonecall from the woman again.... The
dealership tried to get their warranty reimbursement money from the OEM
corporate office guys and they said no. Basically -- Oops, we screwed
up, the car's warranty actually expired a month and a half ago, and you
owe us an additional $1000 for the work we did. "I've been dreading
making this call to you, very sorry, etc."
I told them I dont think so, that's way more $$$ than I would have
authorized you to repair. I told you to call me with prices and if you
said ahead of time that it was going to cost $1000, I would have taken
the car elsewhere for a second opinion.. Woman was like you should
have known the warranty was expired... ?? Can't I assume your computer
system plugged into thousands of dealerships across the country would
give you and me the right information? You told me several times it
was under warranty. Two days having the car and making calls back and
forth to me and the whole time you didn't notice that it wasn't under
warranty?
Now, do I legally have to pay them anything?? It's totally true that
if they said ahead of time that it was gonna be $1000, I woulda brought
it somewhere else.
I have the car. I have a printed receipt that says N/C for all these
things and a paid tab of $150..
----------
I'm expecting another call from the service department manager next
week. I spoke with him a couple days ago -- he was very civil and
kinda bummed out about the situation. It was an honest mistake bla
bla. He said he "doesn't want either of us to get hurt" and something
under his breath about how he'd "just like to break even". Him
breaking even may be "give me 750" -- which is way more than I would
have wanted to pay. I would have been okay if that initial call was
"ok you need this and this -- it's gonna run $400" -- I would have said
fine, fix it.. But do I have to pay for their $1000 mistake? I think
even paying half would be extremely unfair to me.
I was thinking of offering him an additional $250 (on top of the $150
paid already). If he says that's not enough and I say ok, then screw
you, can they put a mechanic's lien on my car? (how can I dispute
that?) Can [do you think they will] take me to small claims court? I
wouldn't mind because I think after seeing the receipt clear as day
saying NO CHARGE for all these items and the one cost listed HAS been
paid for -- AND they released my car to me -- I think any judge would
side with me.
Thanks in advance for any advice everyone. Sorry if it's a bit long,
but I wanted to give all the info possible at once.
p.s. the check engine light went on again yesterday! lol......
|
| |
| |
I was thinking of offering him an additional $250 (on top of the $150
paid already). If he says that's not enough and I say ok, then screw
you, can they put a mechanic's lien on my car? (how can I dispute
that?) Can [do you think they will] take me to small claims court? I
wouldn't mind because I think after seeing the receipt clear as day
saying NO CHARGE for all these items and the one cost listed HAS been
paid for -- AND they released my car to me -- I think any judge would
side with me.
You never agreed to pay for the repairs that they performed. The dealership
will absorb the loss for their mistake. It's unfortunate.
If the dealership gets aggressive, they may do and say a lot of things. But
they won't prevail in a legal setting and will end up blowing smoke. If you
are not willing to pay for work that you did not authorize, don't. You are
not legally liable.
|
| |
| |
Dave Zass wrote:
I was thinking of offering him an additional $250 (on top of the $150
paid already). If he says that's not enough and I say ok, then screw
you, can they put a mechanic's lien on my car? (how can I dispute
that?) Can [do you think they will] take me to small claims court? I
wouldn't mind because I think after seeing the receipt clear as day
saying NO CHARGE for all these items and the one cost listed HAS been
paid for -- AND they released my car to me -- I think any judge would
side with me.
You never agreed to pay for the repairs that they performed. The dealership
will absorb the loss for their mistake. It's unfortunate.
If the dealership gets aggressive, they may do and say a lot of things. But
they won't prevail in a legal setting and will end up blowing smoke. If you
are not willing to pay for work that you did not authorize, don't. You are
not legally liable.
I'm not sure it's that simple. They did work on his car, probably in
good faith. THey might have a claim under quasi-contract and/or unjust
enrichment. Basically, they did some work and OP has a repaired car,
which is a gain for OP that he hasn't paid for.
In all probability their claim (if they have a valid one) would be only
for the increased value of the car. If the car is worth, say, $500 when
fully repaired, then the maximum value would be $500, not the $1000 that
the dealership would charge.
Basically, OP can try to negotiate a settlement -- offering them an
additional $250 as he suggested. Or he can tell them he's not going to
pay, and see what they do about it. THat might include "dinging" his
credit, or filing suit in small claims court. Or they might make some
threatening noises and then give it up as a bad job.
As for a mechanic's lien, I don't think so. In the case of mobile
property (like a car), the mechanic has a lien only as long as he
retains possession. Once he voluntarily surrenders it back to the
owner, I don't think there can be a mechanic's lien. Real property is
different -- real property doesn't move, so the mechanic's lien lasts
until it is either paid, or the "mechanic" goes to enforce it with a
suit, or the owner gets it extinguished (also with a lawsuit). Some
state also put a time limit on it...
--
I pledge allegiance to the Constitution of the United States of America,
and to the republic which it established, one nation from many peoples,
promising liberty and justice for all.
|
| |
| |
|
