1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Shady auto dealers

Discussion in 'Consumer Law, Contracts, Warranties' started by James Wilhelm, Jan 17, 2020.

  1. James Wilhelm

    James Wilhelm Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Texas
    Ok so my son bought a mustang from car max in Killeen Texas. And received a maxcare warranty! About 2 weeks ago he started feeling a vibration while driving! So he takes the car to the dealer to be checked! The mechanic takes the car for a test drive and verified the vibration! And while on the test drive the tech lost gears after hearing a loud pop and on further inspection found that the drive shaft failed! My son has all of this in writing on the diagnostic and estimate sheet! The dealer will not honor the warranty due to aftermarket exhaust being on the car! Which was on the car when he purchased it from said dealer! Any chance of winning a law suit against said dealer for damages that happens while in their position
     

    Attached Files:

  2. James Wilhelm

    James Wilhelm Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    When the drive shaft broke it apparently destroyed the tail end of the transmission causing close to $7000 in damages
     
  3. Zigner

    Zigner Well-Known Member

    Messages:
    1,542
    Likes Received:
    829
    Trophy Points:
    113

    How long ago was the car purchased?

    (To answer the only question in your post: No, the mere fact that it happened to break down in their possession doesn't mean they are liable for the breakdown.)

    Edit: Your son may have a case to have the full amount of the warranty refunded if he can prove that the aftermarket exhaust was on the car at the time of purchase.
     
  4. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    523
    Likes Received:
    264
    Trophy Points:
    63
    First, you need to read the warranty.

    The only thing on the warranty website that mentions aftermarket parts is this in the section of what isn't covered.

    "Aftermarket accessories or equipment installed after Vehicle Purchase Date."

    One could infer from that they do cover aftermarket parts installed before the Vehicle Purchase Date.

    There is also the issue that the exhaust could in no way cause the transmission to fail unless something really bad happened when it was originally installed.
     
    Last edited: Jan 17, 2020
    Zigner likes this.
  5. Zigner

    Zigner Well-Known Member

    Messages:
    1,542
    Likes Received:
    829
    Trophy Points:
    113

    I'm wondering if the actual reason for rejection is that the OP (OP's son) is assumed to have used the car for racing.
     
  6. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    523
    Likes Received:
    264
    Trophy Points:
    63
    Aftermarket exhaust != racing necessarily, I would think the dealer would have to have more than an assumption to void the warranty.

    It pretty much sounds like the standard Carmax business model.
     
  7. James Wilhelm

    James Wilhelm Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Ok but how can they void his warranty over a exhaust system that was on the car when purchased and didn’t cause the part to fail
     
  8. Zigner

    Zigner Well-Known Member

    Messages:
    1,542
    Likes Received:
    829
    Trophy Points:
    113

    I've had Carmax pay for some extensive repairs on my vehicle in the past - I'm happy with them.

    I don't think that the warranty company (which is separate from the dealer) should necessarily assume the car was used for racing...I just think they do.
     
  9. Zigner

    Zigner Well-Known Member

    Messages:
    1,542
    Likes Received:
    829
    Trophy Points:
    113

    I don't think they should - your son may need to get an attorney involved.
     
  10. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    523
    Likes Received:
    264
    Trophy Points:
    63
    I'm with Zigner. I don't think they have grounds to void the warranty.
     
  11. Zigner

    Zigner Well-Known Member

    Messages:
    1,542
    Likes Received:
    829
    Trophy Points:
    113

    This may seem pedantic or nit-picky, but your son doesn't have a "warranty", your son has an "extended service plan". They are different and different laws apply (in some instances).
     
  12. mightymoose

    mightymoose Moderator

    Messages:
    10,733
    Likes Received:
    1,699
    Trophy Points:
    113

    Is this warranty rejection provided to you in writing?
    I recommend you make any correspondence at this point in writing and insist all responses be in writing.

    There is no practical reason that an aftermarket exhaust would void the warranty on the whole car.

    The biggest question here, asked above, is how long did he have the car between time of purchase and the date of the failure? Is there any question the vehicle was still covered? Did he have it just a few days?
     
    Last edited: Jan 17, 2020
  13. army judge

    army judge Super Moderator

    Messages:
    31,213
    Likes Received:
    4,535
    Trophy Points:
    113

    If I were in your son's predicament, I'd endeavor to get the deal voided and all my out of pocket monies refunded.

    I'd also NEVER do any MORE business with the fraudsters operating under the name CarHacks, err, CarMax.


    If your son is in the military, there are several local agencies that will assist active duty soldiers who have been cheated.

    He can ask his 1st SGT, PLT SGT, Squad Leader, or Section Chief for more information.
     
  14. Zigner

    Zigner Well-Known Member

    Messages:
    1,542
    Likes Received:
    829
    Trophy Points:
    113

    Interestingly, I have purchased two vehicles through Carmax and actually enjoyed the process. I disagree with the blanket statement that Carmax is/are "fraudsters".
     
  15. army judge

    army judge Super Moderator

    Messages:
    31,213
    Likes Received:
    4,535
    Trophy Points:
    113


    Tautology for you, mate.

    All car dealers are scammers.
    CarMax is a car dealer.
    CarMax is a scammer.

    Tautologies are never wrong.

    Television sets are manufactured by many companies.

    If I wish to purchase a Samsung television, I don't have to buy it EXCLUSIVELY at a Samsung dealership.

    In fact, Samsung TV dealerships don't exist.

    If I want to purchase a 2020 Bucket O Bolts, I must find a Bucket O Bolts dealership to purchase a vehicle.

    I can buy that 2,000 inch Samsung TV at a Walmart, from Amazon, AAFES, Target, Best Buy, Mad Mickey's, Insane Irene's, or thousands of other reliable merchants.

    Automobiles are by definition and practice a SCAM, a diabolical scam, that even
    Sears-Roebuck failed to beat!
     

Share This Page