last problem guys :(. please help
01-27-2006, 10:00 PM
#1
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last problem guys :(. please help
Well, I traded in my 8 for an 04 GT about two weeks ago. Today the serivice rep from the the Volvo dealership I traded it in to, tells me that the warranty on the car is void, and that they tried to seel it to some other company and they would not accept it.
Well, I had absolutely no idea about this. I tried calling my dealership to see what was up and they were closed. I am going to go talk to them tommorow. I had issues with them, I had my clutch and tranny replaced at 7,000 miles after fighting with them for a while. Last month I heard a squeak in the clutch, and they told me they were not going to replace it, because the Revi intake led them to believe I was racing and so considered it abuse.
I did not even deal with them this time, and took out the revi. I took it in a few weeks later to get the starter replaced and that was the end of it. I went and traded it in for the GTO.
Now the volvo dealership is sort of "threatening" me, saying if it did not work out they wanted their car back. I just laughed at them. So I have a few questions.
1. Can they void my warranty, even thou I did what they asked?
2. Can the voided warranty be overturned?
3. Is it legal for them to void my warranty without them even telling me
4. Shouldnt volvo have checked if the warranty was valid, and is their fault if it wasnt. The car is sold "as is" right?
I dont kno guys, I am just tired of all this BS, I will try to see what is up, but if they do not want to renew the warranty, can I just tell the guy at volvo too bad? its your problem now? Can they press charges?
WHAT DO I DO?????!!!!!!!!
Well, I had absolutely no idea about this. I tried calling my dealership to see what was up and they were closed. I am going to go talk to them tommorow. I had issues with them, I had my clutch and tranny replaced at 7,000 miles after fighting with them for a while. Last month I heard a squeak in the clutch, and they told me they were not going to replace it, because the Revi intake led them to believe I was racing and so considered it abuse.
I did not even deal with them this time, and took out the revi. I took it in a few weeks later to get the starter replaced and that was the end of it. I went and traded it in for the GTO.
Now the volvo dealership is sort of "threatening" me, saying if it did not work out they wanted their car back. I just laughed at them. So I have a few questions.
1. Can they void my warranty, even thou I did what they asked?
2. Can the voided warranty be overturned?
3. Is it legal for them to void my warranty without them even telling me
4. Shouldnt volvo have checked if the warranty was valid, and is their fault if it wasnt. The car is sold "as is" right?
I dont kno guys, I am just tired of all this BS, I will try to see what is up, but if they do not want to renew the warranty, can I just tell the guy at volvo too bad? its your problem now? Can they press charges?
WHAT DO I DO?????!!!!!!!!
Last edited by rx8gurl; 01-27-2006 at 10:05 PM.
01-27-2006, 10:23 PM
#2
He's as bad as Can
If Volvo knew the car didn’t have a warranty would they have given you the same trade in amount on the GTO? No, so in their eyes you ripped them off. If you can’t get Mazda to reinstate the warranty you will owe the Volvo dealer at least the amount of money to put a 3rd party warranty on it. Based on your youth and demeanor this is something best left to an older more “ professional “ sounding person. You have a big PITA here and should get some outside advice / help. Tell them the truth also since there is a good chance Mazda has a printout of every post you made here.
01-27-2006, 10:34 PM
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he said they did a carfax on the car, and that was it. They later found out when they tried to seel it somewhere else.
How is it my fault they did not check what how the car was and called mazda to check records. Arnt all cars bought as is?
Not trying to be stubborn, but I am just behind this theory
How is it my fault they did not check what how the car was and called mazda to check records. Arnt all cars bought as is?
Not trying to be stubborn, but I am just behind this theory
01-28-2006, 08:15 AM
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I am not a Lawer, and I don't know what the laws are in your state (or even what state you are in)
...But I'm pretty sure that unless you made a statement or otherwise implied warranty coverage, that the Volvo dealership has no right to assume that any exists. Even if you did make a claim of warranty, unless such a claim was in writing, I doubt it would hold up in court.
If you sold the car to a private party, no warranty would be assumed. ...So why assume a warranty when selling to a dealership. I'm pretty sure they would say it's your problem if you bought a car from them without checking warranty status first. My personal opinion is that the dealership signed a contract and took possesion of the car. ...Seems to me, that makes it their problem now.
Notice I didn't even touch the question of how your warranty got voided in the first place. I'm not sure how that might play out if you approached Mazda about it, but considering the rest of what you've told us, that might be a moot point anyway.
...But I'm pretty sure that unless you made a statement or otherwise implied warranty coverage, that the Volvo dealership has no right to assume that any exists. Even if you did make a claim of warranty, unless such a claim was in writing, I doubt it would hold up in court.
If you sold the car to a private party, no warranty would be assumed. ...So why assume a warranty when selling to a dealership. I'm pretty sure they would say it's your problem if you bought a car from them without checking warranty status first. My personal opinion is that the dealership signed a contract and took possesion of the car. ...Seems to me, that makes it their problem now.
Notice I didn't even touch the question of how your warranty got voided in the first place. I'm not sure how that might play out if you approached Mazda about it, but considering the rest of what you've told us, that might be a moot point anyway.
01-28-2006, 06:16 PM
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yea, that is what I am hoping for. The guy seems to threaten me that if I didint get this fixed he would have to take the gto back, I just laughed confidently and told them that was not going to happen, he seemed to cool off and notice I was not an idiot after that.
I did not know my warranty was void, and even then, they bought the car and signed the papers after they had "checked" the car. I dnt think they can come back and say I didint check the car enough, now you have to pay.
I was not informed about the void warranty so I did not lie to them, and they did not check the car enough. I dnt see how this would be able to be blamed on me
I did not know my warranty was void, and even then, they bought the car and signed the papers after they had "checked" the car. I dnt think they can come back and say I didint check the car enough, now you have to pay.
I was not informed about the void warranty so I did not lie to them, and they did not check the car enough. I dnt see how this would be able to be blamed on me
01-28-2006, 08:14 PM
#8
Shock and Awe
Not sure if the same applies to cars or now, but as far as houses are concerned, since 1984, most states have passed laws requiring the seller to tell the buyer about any substantial defects that the seller knows about. If disclosure is required, you should do so before the buyer makes an offer. Check with your agent about seller disclosure laws in your state.
-Basically, you must disclose any physical effects that would change the buyer's assessment of the property value. What about stigmatized properties? If the home is believed to be haunted or someone has been murdered on the property, whether you have to tell the buyer or not depends on the state. The same may apply to cars, but I'm no lawyer.
-Basically, you must disclose any physical effects that would change the buyer's assessment of the property value. What about stigmatized properties? If the home is believed to be haunted or someone has been murdered on the property, whether you have to tell the buyer or not depends on the state. The same may apply to cars, but I'm no lawyer.
01-28-2006, 08:23 PM
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In any case Mazda CANNOT void your warranty just because of the revi. There are laws to protect you from that. One dealer may refuse to work on the car because of it, but that's usually because they're being lazy.
02-01-2006, 10:35 PM
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well, me and my parents went to go talk to the dominik from the autobarn about the void warranty. Man this is getting to me.
We asked him why he had void the warranty and why he didint tell us. As to the reason why the rep voided it said I was driving it very hard. How did he know this. Well I had a revi CAI, which according to him meant I was racing. The tires had alot less wear than the last time I brought it in. And the shifter was worn out, which meant I was shifting very hard.
I told him that he could not make assumptions like that. These are all assumptions and none prove that I was abusing the car. I told him the REVi only gives the car about 5hp at the crank and those are manufacturer numbers and do not give the car power to be "abused". I explained to him that the tires were winter tires, and that they wear alot faster than normal ones. He told me no, they are not winter tires. I just gave him a look in amazement and told him kind of pissed off, "so you are going to tell me what tires I had in my car?". And insisted that they were not (idiot). As to the shifter I told them many 8 owners had this wear problem and did not prove in any way i was abusing it. All of this while he just kep either insisting that he was right, while kind of closing his eyes and overtalking us. I wanted to sucker punch the little man of his feet. hehe. Sorry just ranting.
well we got beside that talk and told him why whe were not notified it had been void. According to him he did tell us. Back when I still had the 8, he had told me and my mother on two different, seperate conversations, that if I did not remove the revi intake, they might void my warranty. Now he says he told us. "if you do not change the revi before it leaves the dealership, the warranty would be void. Me and my mom just looked at him in amazement of how much BS he was giving to our face. We knew he was lying, both of us could not have heard wrong. I told him you did not tell us that, why would I have my warranty void on knowingly when I could have just spent $100 for the intake swap. He quickly changes subject. My mom told him this is not something little to say by word of mouth and should have notified in written form. My mom knows he is lying and did not give in and told him he had made a big mistake by not telling her (the owner of the car). That is why people write things, because in court its my mom and I's word of mouth v his. It just really gets to me how people can lie to your face like this.
He told us that he couldnt do anything and that I had to speak with the rep to see if he would reinstate my warranty. So that volvo could sell the car. He said he has heard of warranty's being reinstated if the car is brought to original standards. I am getting really tired of all this, we all know that talking to the rep is not going to do anything. Mazda has lost a customer for life
We asked him why he had void the warranty and why he didint tell us. As to the reason why the rep voided it said I was driving it very hard. How did he know this. Well I had a revi CAI, which according to him meant I was racing. The tires had alot less wear than the last time I brought it in. And the shifter was worn out, which meant I was shifting very hard.
I told him that he could not make assumptions like that. These are all assumptions and none prove that I was abusing the car. I told him the REVi only gives the car about 5hp at the crank and those are manufacturer numbers and do not give the car power to be "abused". I explained to him that the tires were winter tires, and that they wear alot faster than normal ones. He told me no, they are not winter tires. I just gave him a look in amazement and told him kind of pissed off, "so you are going to tell me what tires I had in my car?". And insisted that they were not (idiot). As to the shifter I told them many 8 owners had this wear problem and did not prove in any way i was abusing it. All of this while he just kep either insisting that he was right, while kind of closing his eyes and overtalking us. I wanted to sucker punch the little man of his feet. hehe. Sorry just ranting.
well we got beside that talk and told him why whe were not notified it had been void. According to him he did tell us. Back when I still had the 8, he had told me and my mother on two different, seperate conversations, that if I did not remove the revi intake, they might void my warranty. Now he says he told us. "if you do not change the revi before it leaves the dealership, the warranty would be void. Me and my mom just looked at him in amazement of how much BS he was giving to our face. We knew he was lying, both of us could not have heard wrong. I told him you did not tell us that, why would I have my warranty void on knowingly when I could have just spent $100 for the intake swap. He quickly changes subject. My mom told him this is not something little to say by word of mouth and should have notified in written form. My mom knows he is lying and did not give in and told him he had made a big mistake by not telling her (the owner of the car). That is why people write things, because in court its my mom and I's word of mouth v his. It just really gets to me how people can lie to your face like this.
He told us that he couldnt do anything and that I had to speak with the rep to see if he would reinstate my warranty. So that volvo could sell the car. He said he has heard of warranty's being reinstated if the car is brought to original standards. I am getting really tired of all this, we all know that talking to the rep is not going to do anything. Mazda has lost a customer for life
02-01-2006, 10:49 PM
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Wow, your posts are hard for me to read for some reason. I love the way you put "I's" that great I never thought of doing that.
As for your problem, read the contract that was signed when you sold the car. It sounds like you managed to out fox a car dealership, good job.
It sounds to me like the place didn't properly check the car out. Also you can't disclose something you didn't know.
Be safe in the GTO. Youth (you seem young at least) and high torque, high horsepower cars seem to end in a bad way.
As for your problem, read the contract that was signed when you sold the car. It sounds like you managed to out fox a car dealership, good job.
It sounds to me like the place didn't properly check the car out. Also you can't disclose something you didn't know.
Be safe in the GTO. Youth (you seem young at least) and high torque, high horsepower cars seem to end in a bad way.
02-01-2006, 10:55 PM
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yea, If the laws protect me from that. The volvo dealership said they only do a carfax when they bought it, I told them, "well then isint that your fault"
I kno it seems childish, but I am blaming mazda for not telling us, and vovlo for not reaserching the car when they bought it. I kno for a fact we were not paying any extra money. My parents are ready for legal action on any side
I kno it seems childish, but I am blaming mazda for not telling us, and vovlo for not reaserching the car when they bought it. I kno for a fact we were not paying any extra money. My parents are ready for legal action on any side
02-01-2006, 11:19 PM
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STICK TO YOUR GUNS!!!!!!!
The Volvo dealer only has a leg to stand on if they asked if the warranty was still in effect before you sold the car to them. If they didn't then they have no kick against you. If they did and you had no knowledge that you warranty had been voided, then any problem they have is with Mazda and not you. Let them work it out with Mazda, and if they sue you pass the obligation on to Mazda since they never notified you in writing that the warranty had been voided. If they sue you get a lawyer and admit nothing before talking to him/her.
The Volvo dealer only has a leg to stand on if they asked if the warranty was still in effect before you sold the car to them. If they didn't then they have no kick against you. If they did and you had no knowledge that you warranty had been voided, then any problem they have is with Mazda and not you. Let them work it out with Mazda, and if they sue you pass the obligation on to Mazda since they never notified you in writing that the warranty had been voided. If they sue you get a lawyer and admit nothing before talking to him/her.
02-01-2006, 11:22 PM
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oh hell no whe wont admit anything, hehe. Yea thats actually how I am looking at it right now. They actually never asked us if it had a warranty, but how would our word hold up against theirs in court?
05-04-2006, 08:45 AM
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If the dealership had a legitamate complaint you would have been in court already. Car Dealerships never hesitate on screwing a customer. If they could have screwed you over they would have done it by now. It was an awsome move on your part. The person who ran the carfax and researched your car obviously didn't do his homework, Which even if this was your intention they still can't do a damn thing about it. Enjoy the GTO.
05-04-2006, 09:06 AM
#19
Is this the Autobarn outside Chicago? I dealt with those guys also and they are terrible. They could give a **** about servicing your car and resolving the problem. I contacted Mazda North America to complain about them.
05-04-2006, 10:52 AM
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OK, so 2 things....
1) LOOK AT THE BILL OF SALE!!! You should have drafted this up when you sold them the car. It should have specific language in it about warranty, as-is etc. If you just used the Bill of sale provided to you by the volvo dealer when they bought the car, you can bet it has a bunch of legal BS on the back that lets them go back on the deal if its not to their liking.
2) Intake voiding a warranty is VERY suspect. Talk directly to MNAO about this. I believe in order to void the warranty, the mods have to be directly involved in causing a problem. You would have a very hard time convincing a court that changing the intake would **** the clutch.
3) Re: the racing thing. Just be honest. Go back and look at all your posts here (and other forums?), and if you ever mentioned the word "race", you're screwed! Mazda will have seen it, and they'll use it as proof.
1) LOOK AT THE BILL OF SALE!!! You should have drafted this up when you sold them the car. It should have specific language in it about warranty, as-is etc. If you just used the Bill of sale provided to you by the volvo dealer when they bought the car, you can bet it has a bunch of legal BS on the back that lets them go back on the deal if its not to their liking.
2) Intake voiding a warranty is VERY suspect. Talk directly to MNAO about this. I believe in order to void the warranty, the mods have to be directly involved in causing a problem. You would have a very hard time convincing a court that changing the intake would **** the clutch.
3) Re: the racing thing. Just be honest. Go back and look at all your posts here (and other forums?), and if you ever mentioned the word "race", you're screwed! Mazda will have seen it, and they'll use it as proof.
05-04-2006, 11:28 AM
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first of all before they void your warranty, they need conclusive evidence that it was something you did, the Federal auto laws protect us for that... The REVi intake has nothin to do with the clutch, so no offense but your tech is an idiot! he should be helping you not trying to get rid of you.... best dealership is NUCAR in Delaware, guys are so nice over there, always looking to help...even took a test drive with me for 45 mins to find a problem... they found it and fixed it.... sorry hope everything works out for you!
05-04-2006, 11:33 AM
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My mom and stepdad have an issue with Premier Mazda in the Portland, OR area. It's a very long, drawn out story so I'll skip most of it. Anyway, the first issue was that they started trying to part out the original vehicle agreed upon for a set price. When they started on the paperwork the sales manager then went out with someone else at the dealership to start taking out the entertainment system and trying to peel the clear bra-type thing off the car, which they couldn't. The sales manager told them sure they could have that Tribute at the agreed upon price but not with all the stuff that came on it. So they said they would take another comparable vehicle at the originally agreed upon price. The original was a fully loaded 05 Tribute with everything in it and the final price was going to be just under $17K with trade in. Meanwhile, they first were trying to sell it as an 06 until I corrected them on it (not listed in Mazda's inventory was the first clue and the fact that it is the one she wanted back in December when first looking). Then, come to find out it is not "new" because someone else had it for two weeks before they had to bring it back because their financing fell through. It also had too high of mileage to be sold as brand new and had to, at the very least, becalled a demonstrated car. It wasn't. They also drug the sale out over three days.
Well, they got an 06 Tribute and supposedly were getting a ton of rebates on it that was to make it $17K, and then they added some extra to make it $19K. Well, after getting all the paperwork back there is an unaccounted for $4K in the price tacked on and we can't figure out where it came from and the salespeople won't tell us. They don't return our phone calls or anything. Besides that, they give us keys that don't belong to our vehicle. My stepdad eventually went in to see the sales manager to find out what the deal is with the messed up prices. The guy prints out the invoice and MSRP list (not the correct invoice because I have all the correct invoice prices provided to me by a different dealership after explaining the situation to them). They guy made some randomly odd number amounts on the paper with no indication of what they were for or anything and added and subtracted and came up with the final price on the car and said we were crazy if we thought the numbers didn't correctly add up. Yeah, that's it.
Yesterday we got the updated insurance information on the new vehicle. It says the finance company was someone completely other than Mazda, who they were very strongly convinced into using by the dealership for the MAC cash discounts, so they did even though they wanted to use their credit union. Well, they didn't get the loan through Mazda. We had called Mazda and told them to cancel the loan because of this dealership and all their BS because in Oregon that is virtually the only way to rescind a vehicle purchase. Apparently, they did. Instead of notifying us of this fact, as required by Oregon law, they chose some other company altogether which is also not the credit union of their choice.
My stepdad stopped in and chewed them out for it. Then the dealership called my mom and home and said if they were this unhappy to bring the vehicle back, they would give them back their MPV and cancel the sale. No extra fees involved. So, they took all their stuff out of the Tribute and went back into the dealership. They brought the van back out, took the price stickers off it and brought out the keys for it. My stepdad told them either give them the promised rebate money (dealer cash rebate) or give back the van, which they said to take the van back. They then got out new paperwork to sign off on that they were taking the van back. Well, they sat down to do that and then the sales manager and the guy doing the papers said they couldn't do that. WTF???? Then they wouldn't give my mom's Tribute keys back.
My stepdad started yelling and some big guy comes out of the back somewhere and gets in his face and starts yelling back so there are two really fat guys now yelling at each other in the dealership. My mom and stepdad got kicked out of the dealership and told to never come back. During this whole ordeal it caused customers to walk out and leave, so I hope those people aren't dumb enough to return there. If they were never going to give the van back then whey did they make every indication that they were going to do it????
Meanwhile, when my stepdad was trying to get the guy to explain why the price was so different and telling they guy his numbers didn't make the slighest bit of sense unless he could tell them what the prices went to, the sales manager had a fit at him and told him to just drop it and leave it alone because he didn't want the Attorney General on his back and auditing their financial records. That is certainly an odd thing to say when you are arguing over money!!!
The sales slip on the car has a clause in big bold letters on the bottom that says if the finance terms outlined in the loan section above do not match what you got, then the buyer has the right to rescind the sale, which is what we were trying to do. We don't know about the interest rate, terms, or price matching or not yet, but the company listed is Mazda, which is not the one used. They didn't place a qualifier on what way they had to be different, just that if they did not match.
This means we are back dealing with the Attorney General and his people again today, who state that this dealership has numerous complaints filed against them on financial grounds and other sales practices. We are also in the process of lawyer shopping since the AG's office advised us to get one to file a lawsuit.
Well, they got an 06 Tribute and supposedly were getting a ton of rebates on it that was to make it $17K, and then they added some extra to make it $19K. Well, after getting all the paperwork back there is an unaccounted for $4K in the price tacked on and we can't figure out where it came from and the salespeople won't tell us. They don't return our phone calls or anything. Besides that, they give us keys that don't belong to our vehicle. My stepdad eventually went in to see the sales manager to find out what the deal is with the messed up prices. The guy prints out the invoice and MSRP list (not the correct invoice because I have all the correct invoice prices provided to me by a different dealership after explaining the situation to them). They guy made some randomly odd number amounts on the paper with no indication of what they were for or anything and added and subtracted and came up with the final price on the car and said we were crazy if we thought the numbers didn't correctly add up. Yeah, that's it.
Yesterday we got the updated insurance information on the new vehicle. It says the finance company was someone completely other than Mazda, who they were very strongly convinced into using by the dealership for the MAC cash discounts, so they did even though they wanted to use their credit union. Well, they didn't get the loan through Mazda. We had called Mazda and told them to cancel the loan because of this dealership and all their BS because in Oregon that is virtually the only way to rescind a vehicle purchase. Apparently, they did. Instead of notifying us of this fact, as required by Oregon law, they chose some other company altogether which is also not the credit union of their choice.
My stepdad stopped in and chewed them out for it. Then the dealership called my mom and home and said if they were this unhappy to bring the vehicle back, they would give them back their MPV and cancel the sale. No extra fees involved. So, they took all their stuff out of the Tribute and went back into the dealership. They brought the van back out, took the price stickers off it and brought out the keys for it. My stepdad told them either give them the promised rebate money (dealer cash rebate) or give back the van, which they said to take the van back. They then got out new paperwork to sign off on that they were taking the van back. Well, they sat down to do that and then the sales manager and the guy doing the papers said they couldn't do that. WTF???? Then they wouldn't give my mom's Tribute keys back.
My stepdad started yelling and some big guy comes out of the back somewhere and gets in his face and starts yelling back so there are two really fat guys now yelling at each other in the dealership. My mom and stepdad got kicked out of the dealership and told to never come back. During this whole ordeal it caused customers to walk out and leave, so I hope those people aren't dumb enough to return there. If they were never going to give the van back then whey did they make every indication that they were going to do it????
Meanwhile, when my stepdad was trying to get the guy to explain why the price was so different and telling they guy his numbers didn't make the slighest bit of sense unless he could tell them what the prices went to, the sales manager had a fit at him and told him to just drop it and leave it alone because he didn't want the Attorney General on his back and auditing their financial records. That is certainly an odd thing to say when you are arguing over money!!!
The sales slip on the car has a clause in big bold letters on the bottom that says if the finance terms outlined in the loan section above do not match what you got, then the buyer has the right to rescind the sale, which is what we were trying to do. We don't know about the interest rate, terms, or price matching or not yet, but the company listed is Mazda, which is not the one used. They didn't place a qualifier on what way they had to be different, just that if they did not match.
This means we are back dealing with the Attorney General and his people again today, who state that this dealership has numerous complaints filed against them on financial grounds and other sales practices. We are also in the process of lawyer shopping since the AG's office advised us to get one to file a lawsuit.
Last edited by BunnyGirl; 05-04-2006 at 11:37 AM.
05-04-2006, 05:09 PM
#25
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Originally Posted by captain mercury
good luck rx8gurl. i dont know much, but it sounds like you have a pretty good leg to stand on here.
