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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34057
Experience:  Retired (mostly)
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FUDICIARY

Customer Question

ARE NEW CAR DEALERSHIPS AND THEIR CUSTOMERS:
INTERTWINED IN A “FIDUCIARY” ACT OF LAW IN ANY ASPECT?

Re; A : TSB-NOTIFICATIONS, {TECHNICAL SERVICE
            BULLETINS} ISSUED TO THEM, FROM THEIR
            SUPPLIER OF NEW VEHICLES?

EXAMPLE B : WHEN CUSTOMER ASK SERVICE MANGER
                            SERVICING THEIR VEHICLE
                            SPECIFICALLY:

“HAS THERE BEEN ANY RECALL AND/OR WARNING
NOTICES, {AKA--TSB}, ISSUED, {“TO THEM“}, REGARDING THE PARTICULAR ELECTRICAL MALFUNCTION, THE VEHICLE IS EXPERIENCING AND THERE FOR REPAIRS, AT THAT PARTICULAR MOMENT“, UNDER THAT PARTICULAR SERVICE WORK ORDER“?

CAN THE VEHICLE DEALERSHIP, DENY THERE HAS NOT BEEN SUCH, WHEN IN ACTUALITY, THERE HAS BEEN
SUCH?

IS THE NEW VEHICLE DEALERSHIP UNDER ANY TYPE OF LEGAL FIDUCIARY COMPONENT, TO THEIR CUSTOMERS?

ARE THEY IN ANY LEGAL AGENT POSITION TO THEIR CUSTOMERS, UNDER ANY LAW,?

DO CUSTOMERS HAVE LEGAL RIGHTS UNDER LOCAL, STATE, AND FEDERAL LAW OF PENALTY, TO RECEIVE, HONEST AND TRUTHFUL ANSWERS, WHEN SPECIFIC QUESTIONS ARE ASKED?/abnjd
Submitted: 6 years ago.
Category: Legal
Expert:  FiveStarLaw replied 6 years ago.
Hello,
You pose very interesting questions. I would be happy to assist you. Please tell me what state you are located in?
Customer: replied 6 years ago.
Miami, FL and I am inquiring about Federal as well, which will cover all states, if you know!
Thanks for the compliment!

This is in regards XXXXX XXXXX Vehicle' s, "DCR", {DASHBOARD-CASH REGISTER, AKA. "SES", AKA, "SERVICE-ENGINE-SOON" DASHBOARD WARNING LIGHT!/abnjd
Expert:  FiveStarLaw replied 6 years ago.

Hello,

I cannot find anything specific.

I will opt out to see if someone else can assist you.
Customer: replied 6 years ago.
Thanks.
Customer: replied 6 years ago.
Relist:
Cancel.
Expert:  socrateaser replied 6 years ago.

A fidicuary duty arises where a person agrees or is statutorily bound to act in the financial best interests of another. Typically, the relationship is considered an agency, whereby the principal authorizes the agent either by express or implied contract (actual authority), by manifesting the existence of the agency to third parties with whom the agent may deal (apparent authority), or because the agent's acts are so substantially done for the benefit of the principal, and with the principal's knowledge, that it is fair that the principal be bound by them (inherent/ostensible authority).

A car dealership service department has no fiduciary duty to a customer, mainly, because neither the customer, as principal, nor the service department ever manifests the existence of any agency authority. Moreover, and perhaps more importantly, the service department is already the agent of the manufacturer with regard to warranty repair activities, and so it cannot act as agent for the customer without creating a conflict of interest.

Thus, there is no fiduciary duty of a car dealershp service department to a customer.

However, a dealership's failure to inform a customer about the existence of known warranty defects could certainly be negligence, if the failure to warn were to damage the customer's vehicle. It is also a breach of contract and/or of the implied covenant of good faith, because the customer contracts with the dealer to repair the vehicle and failing to do so is a breach.

Why a service department would deny the existence of a recall, while knowing that the manufacturer will pay for the repair is beyond me. If it did, that would violate its duty to the manufacturer and make the dealership more likely to be found directly liable for damages consequential to any product liability action.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34057
Experience: Retired (mostly)
socrateaser and 12 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Does this includes, "TSB", "TECHNICAL-SERVICE-BULLETIN"!/abnjd
Expert:  socrateaser replied 6 years ago.

Yes I would think so. A TSB is notice by the manufacturer to dealers that there is a issue which should be addressed in order to limit the manufacturer and dealer's liability for product defects of design, manufacture and warning. Ignoring TSBs may violate the dealer's contract with the manufacturer, and with any customer seeking related repairs after notice of the TSB to the dealer.

Customer: replied 6 years ago.
Thanks! I have more questions! I trust you and your direct,clear flying, ("as the crow"), promptness, honesty, which has established fortified and built trustworthiness!! You must be Post-Military! Why? Your answers are; "As the Crow-Fly"!/abnjd Thanks!!
Expert:  socrateaser replied 6 years ago.
Thanks for your faith. Start another thread and ask away.Cooltitle="Cool" width="18" height="18"/>

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