Does this even sound remotely legal/ethical?

[NormanBuntz]

OP, you should start by reviewing both her vehicle purchase invoice and the extended warranty contract. If anything seems out of line, like she was charged unusual fees on the car purchase or the warranty contract, since it's only a few months old you may be able to cancel or get the warranty rescinded. Chances are she can buy an aftermarket warranty on her own with better pricing and terms than the shyster Kia dealer gave her. If the dealer pushes back, then you can use the lawyer or local TV station angle. Nothing to lose there.

 

[SC Maintenance]

Maybe the circumstance don't meet the criteria to be considered fraud? I don't view it as some sort of conspiracy. Based on what the OP posted, it would just be viewed as an uninformed employee.

Depending on the state, fraud does not require intent.

Magnusson Moss applies to any consumer warranty - free or purchased - and is the federal law of the land. Ignorance of the law is never an excuse.

 

[TheOilWizard]

Depending on the state, fraud does not require intent.

Magnusson Moss applies to any consumer warranty - free or purchased - and is the federal law of the land. Ignorance of the law is never an excuse.

Intent or not, there are still standards and criteria required to be considered fraud. Simply giving inaccurate information to customers in and of itself probably isn't enough. If it was, I'd be filing charges on a regular basis.

 

[SC Maintenance]

Intent or not, there are still standards and criteria required to be considered fraud. Simply giving inaccurate information to customers in and of itself probably isn't enough. If it was, I'd be filing charges on a regular basis.

I looked up South Carolina, one of the many statutes lists: "obtaining money, property, or services by means of false or fraudulent pretenses".

So no, just saying it is not fraud. However if you actually followed it and paid them money - it might apply?

Of course you would first need to prove they actually said this, and who "they" were, and even then it would be up to a magistrate to decide and award any damages. And of course no one is going to go through the hoops for an oil change.

So it continues.

 

[spk2000]

Yeah. I know. But my mom probably never read any of that and now she's on the hook for dealer priced repairs or void the warranty. She can't afford an 800 dollar brake job.

How would they know if someone else replaced the brakes if you use the same parts. Doubt they would even know if different parts.

 

[Donald]

So a few months back my mom purchased a 2021 Chevy Equinox with the 1.5l turbo motor. My mother is mentally handicapped and deaf but is still able to drive. I would've gone with her to purchase the vehicle but she was insistent it was done on her time. This dealer got her to agree to 500 dollars a month for got knows how long.

She is due for an oil change. I called the dealer and was told they're booked up for 3 weeks. So I started calling other shops and pricing synthetic oil changes, but decided to see if the dealer would allow it. I was told under no circumstances is anyone else allowed to work on the car or they'll void the warranty.

I'm frigging PO'd. Is this legal or ethical?

While the manufacturer can spec the oil and filter they cannot require Kia oil or filter unless it's provided for free.

 

[paulo57509]

Semi-OT question....isn't there some kind of commerce? act that addresses maintenance work outside of a dealership influence, where service can be performed "anyplace" and not invalidate the warranty? Of course this is simplistic and no doubt not cut and dried.

No need to explain if you have a link to this act/law.

 

[Hootbro]

Unless you have had your mother adjudicated as mentally unfit to take care of her own affairs and guardianship placed over her, you are going to be SOL in your dealings with the dealer and they may tell you to pound sand as you are not a legal party to the transaction.

Similar happened to my FIL years back when the whole family knew he had no business in dealing with legal contract and major purchases due to diminished capacity. Not until he totalled his vehicle that he should not had been driving and the next day going out and buying a replacement and getting taken to the cleaners on markups and extend warranty nonsense did the family step in. They still were not able to unwind anything because of what I previously mentioned retroactive.

Car dealers are not in the business of doing mental acuity tests of their customer. If the credit score comes back good, they send it.

 

[jdmfish]

Yeah. I know. But my mom probably never read any of that and now she's on the hook for dealer priced repairs or void the warranty. She can't afford an 800 dollar brake job.

If she can’t afford a brake job, I doubt she can afford the vehicle.

Let’s be honest here.. brakes and tires are rather common maintenance items.

 

[dishdude]

Unless you have had your mother adjudicated as mentally unfit to take care of her own affairs and guardianship placed over her, you are going to be SOL in your dealings with the dealer and they may tell you to pound sand as you are not a legal party to the transaction.

Exactly, she's able to drive herself around town so she can't be that disabled.

 

[R18Civic]

How would they know if someone else replaced the brakes if you use the same parts. Doubt they would even know if different parts.

Probably because this network of dealers keeps computer logs of all maintenance done to a customers vehicle. I'm pretty sure they all do.

 

[R18Civic]

Exactly, she's able to drive herself around town so she can't be that disabled.

She's very disabled, shes deaf, blind in one eye, can't talk and when texting me she gets very confused when I begin asking questions. Honestly it seems to get worse with age.

 

[R18Civic]

Semi-OT question....isn't there some kind of commerce? act that addresses maintenance work outside of a dealership influence, where service can be performed "anyplace" and not invalidate the warranty? Of course this is simplistic and no doubt not cut and dried.

No need to explain if you have a link to this act/law.

I'll be reading the contract today, both for the car and extended warranty. All I want to know is how much shes paying, how long shes paying for and what are the terms of the warranty. If my family wants to pursue anything legally thats on them.

 

[KrisZ]

Yeah. I know. But my mom probably never read any of that and now she's on the hook for dealer priced repairs or void the warranty. She can't afford an 800 dollar brake job.

I hardly doubt the warranty includes wear items like a brake job.
You should read the warranty terms and have it cancelled. Every state has a cool off period for things like this I think.
3rd party warranties are junk and not worth the hassle they will put your mother through. And since she’s pretty gullible, they absolutely will.

 

[R18Civic]

Admins please lock this thread. I got my answer and all the name calling and assumptions being made about my mother are uncalled for.

 

[Hall]

Admins please lock this thread.

They don't read every post in every thread....

 

[R18Civic]

They don't read every post in every thread....

Man everytime I curse they're up my butt about it. Call my mother gullible to my face and im likely to snuff out your lights.

 

[SC Maintenance]

Semi-OT question....isn't there some kind of commerce? act that addresses maintenance work outside of a dealership influence, where service can be performed "anyplace" and not invalidate the warranty? Of course this is simplistic and no doubt not cut and dried.

No need to explain if you have a link to this act/law.

Magnusson Moss Warranty Act:

the whole thing: https://www.law.cornell.edu/uscode/text/15/2301

The abbreviated version. https://www.autocare.org/government-relations/current-issues/Magnuson-Moss-Warranty-Act

 

[KrisZ]

Man everytime I curse they're up my butt about it. Call my mother gullible to my face and im likely to snuff out your lights.

Sorry, I didn’t know you were so sensitive about it since you called her mentally handicapped. Didn’t mean to insult your mother, apologies.

 

[bubbanik]

It is illegal to knowingly enter into an unconscionable contract with a person obviously not capable of not understanding the reasonableness of the contract terms.

Why don't you contact the news department of a major TV station in your area. They love stories like this, unless the dealer is a big advertiser on their station.

^this