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I bought a subcompact backhoe which came with a two year warranty

which was claimed to be...
I bought a subcompact backhoe which came with a two year warranty which was claimed to be the industry leader which had a huge impact on purchase, only to find out this is a false statement. Since the warranty has expired I have spent thousands of dollars in repairs and lost income.
Also the dealer who did last repair stated that for repair it would take a new pto clutch pack which I authorized. After receiving an invoice for $2,652.24 I ask for a itemized invoice only to find over $800.00 in unauthorized parts. Anything I can do, I feel I have been defrauded my the manufacturer and dealer.
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Answered in 5 minutes by:
9/30/2013
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 121,022
Experience: Attorney experienced in commercial litigation.
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Thank you for your question and for asking for me. I look forward to working with you to provide you the information you are seeking.

The warranty expired before the backhoe began breaking down?

When you say $800 unauthorized parts, were these parts necessary to properly complete the replacement of the clutch or were they parts that had to be removed when repairing the clutch?
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Customer reply replied 4 years ago


This thing has broken down during warranty, after and having the same part replaced [ hydraulic pump] at much cost and loss of income. As to the second part of your question, only one gear had to be removed, not only has it removed it was replaced with a new part [95.95] as was a new pump [326.00], shaft [196.00] and a second gear at 168.00. As a automotive mechanic with over 17 years experience, If I did this to a customer without their consent I would be eating the cost. This thing has costs be thousands in repairs and lost income.

Thank you for your response.

If you can prove that the unit you purchased is defective, you needed to have raised this claim during the warranty period. The PA statute of limitations for product liability is within 2 years of when the defect first materialized (presuming here it has been the same part breaking over and over). If it has just been various parts breaking during and after the warranty, I am afraid that product liability laws in PA would not offer you much help. You would have needed to have filed this during the 2 year period I am afraid.

As far as them making unauthorized repairs and charging for them, in order to be allowed to do so they would have to prove each part was necessary to be replaced as part of the clutch repair. If they cannot prove they were necessary, then you would have grounds to sue them for making unnecessary repairs without any authorization from the owner and seek to get a refund for those unnecessary repairs. You can bring that suit without an attorney in small claims court.




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Customer reply replied 4 years ago


So what you are telling me is , companies know the law while consumers do not, sounds like the American legal system. So I have no recourse but to bay the bill.

Thank you for your response.

When people buy any type of product, the produce is not reasonably expected to last forever without breaking. The purpose of a warranty by a manufacturer is to provide coverage for a reasonable period of time for which they guarantee the product should not break and if it does they obligate themselves to make repairs at no costs to the consumer. After that warranty expires, I am afraid the consumer has no other protections unless they can prove the item is defective in design or manufacture and then under product liability they have 2 years from finding that to file suit.

As a mechanic, you understand cars break and not all cars are covered by warranty when they break and the car owner must pay for those repairs.

However, as I said above, if you show they made unnecessary repairs for that you could seek to recover your money.
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 121,022
Experience: Attorney experienced in commercial litigation.
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