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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Good Morning, On Sept 4th of this year, I brought my vehicle

Resolved Question:

Good Morning,

On Sept 4th of this year, I brought my vehicle into a quick lube shop to have an oil change performed. Last night (Sept 19th), the car broke down while driving. I had the car towed to my dealership as it is still under warranty. A quick inspection at the dealership showed that the oil pan drain plug was missing (presumed to have been improperly tightened and fell out while driving). While I am still awaiting a formal quote on the work required, the dealership seems to believe an engine replacement will be required.

This morning I contacted the quick lube shop that performed the oil change, speaking directly with the VP. He has stated that they will pay for all repairs, rental car, etc. but only if the work is done by a licensed mechanic of his choosing. As I have no idea who this mechanic is, nor have any idea of how competent he is, I would really prefer to have the work done at the dealership.

I would like to know what my rights are in this situation. Can I insist that the work be performed at my dealership?

Any advice you can give would be greatly appreciated.

Best Regards, XXXXX
Cambridge, ON
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

I am sorry to hear this.

I think you have a good case for arguing that the dealership is the expert in this case.

At the same time the lube shop has the right to try and mitigate its damages and you have the obligation to allow them as well.

One solution would be to find out who the mechanic is, ask the dealership what they think, get a quote from the dealership and from that mechanic.

But if your dealership says an engine replacement is required you cannot be expected to let a mechanic try to repair it.

So you can threaten a lawsuit and see what they say.

If necessary you can sue them in Small Claims Court and can self-represent.

And if it gets that far you can post on this site again if you find you need some help and I can assist you further.

Let me know if you need any further clarification.
Customer: replied 1 year ago.


Hi Debra,


 


First, I want to thank you for your speedy reply.


 


I would like to ask a follow up question.


 


First, the car is still under warranty for two more years. The dealership has stated that if the work is done at this shop, the warranty would be voided (for the engine at minimum). While the shop has said they will warranty their work, they will only provide 1 year of coverage.


 


Also, the shop is a fair distance from my home (approx. 25 km). This makes getting to the shop for repairs (if required) very inconvenient. On the other hand, my dealership is very close to home (less than 1 km). The proximity to home was one of the main reasons I bought this particular car in the first place.


 


Does this affect the situation at all?



Expert:  Legal Ease replied 1 year ago.
I think it does.

You cannot do a thing that can void your two year warranty.

So that's that.

The lube place wants to do this cheaper. This is all their fault and you are entitled by law to be placed in the position you would have been in had this not happened.

And that included maintaining your warranty with the dealer.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87627
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much Debra.


 


Your help is greatly appreciated Smile

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