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Repair dealer is saying I need to be on the hook for cost of

teardown of engine evaluation if...
Repair dealer is saying I need to be on the hook for cost of teardown of engine evaluation if it is deemed to be prior owners neglect of some sort, seller/dealer saying they never saw this problem upon inspections' before sale, they say my warranty only covers something broken, my car is smoking brown smoke, they have done an oil consumption test which came out okay, then brown smoke has continued,brought it back and they then checked further thinking it could be Valve stem seal problem, they removed Valve cover and found sludge saying extended warranty does not approve tear down of of engine to inspect for internal part failure asking me to pay labor for inspection $3692.00, I have extended warranty, this makes no sense???
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Answered in 5 minutes by:
6/18/2017
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,926
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified
I am sorry to hear this. The whole point of an extended warrant uis to warrant the product. Is this the dealer or an independent repair shop? How long ago was the car purchased?
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Customer reply replied 5 months ago
Purchased 12/27/16, bought at Ford dealer a 2008 Toyota Rav 4, could not afford the car I was interested in at Ford dealer, they had this Toyota I liked much less cost, so when I reported my problem in march 2017 they said bring it to Toyota dealer, I did.
Customer reply replied 5 months ago
They ran a oil consumption test to diagnose the smoking from tailpipe, see prior question details
Thank you. If a dealer sells a car that is not in compliance with the implied warranty of merchantability, which basically states the item purchased can be used for the purpose for which it is normally used, the dealer can be sued for breach of implied warranty. The remedy is either the cost of repair or rescission of the contract depending on the severity of the defect and whether it can be repaired so that plaintiff buyer gets the benefit of the bargain. The dealer is liable, when this is breached, for reasonably foreseeable and proximately caused damages such as rental car costs. One moment please.
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If a specific warrant is not honored that involves a breach of warranty cause of action.
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Sample complaint letter herehttps://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjbjN_JlMjUAhXDy4MKHSo1B8QQFggoMAA&url=https%3A%2F%2Fwww.consumer.ftc.gov%2Farticles%2F0296-sample-consumer-complaint-letter&usg=AFQjCNGORk_fvUfyO70opqLxv2mlj45T7Q&sig2=d7MDxKgiyGQfCKqb2_4Q5A
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A complaint can be filed here

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/consumer/invest/inv172

For cases under $10,000 small claims is the appropriate forum

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Customer reply replied 5 months ago

Thank you for your guidance. Gail ******

Glad to have helped;

here is a link to the small claims information

http://www.dca.ca.gov/publications/small_claims/file.shtml

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LegalGems, Lawyer
Category: Consumer Protection Law
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