Used car engine warranty denied due to lack of paperwork (Canadian case)

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Canada, eh?
I found this interesting even though it is from Canada. This attorney says it can happen in the USA for the same reasons.
Are you somehow implying that only interesting things happen in the USA?
Or that you personally don't find anything in Canada to be of interest to you?
:unsure:
 
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When I was trying to sell my last truck no one even looked at the folder I had of all work done. Zero interest at all. I ended up trading it in because the dealership agreed to up trade in to match the highest offer I’d received.
 

ls973800

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Are you somehow implying that only interesting things happen in the USA?
Or that you personally don't find anything in Canada to be of interest to you?
:unsure:
Seriously? I posted "I found this interesting even though it is from Canada" because I am an American citizen and am not familiar with Canadian laws. I know you have some very different automobile laws including being able to lease a vehicle for more than the custom of 36 months or so here, financing terms and restrictions different than here, bi-weekly payments being very common there, and different laws for when you sign for an automobile but haven't picked it up yet.

I have visited Canada several times now during your restrictive border policies for pleasure and have done the Covid testing with proof that is required before entry and filing the ArriveCan form in order to enter Canada. Just found out that our next trip for pleasure to Canada in April no longer will require the prior Covid test! Still have to use ArriveCan but no problem there.

I will ask you, are YOU that thin skinned that you think Canada doesn't matter to me or any other American?

:eek:
 
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I think there is a viable lawsuit against the dealer or other seller if the sales contract stated it had a warranty. That (implies) it still had an intact warranty at that point in time, not that it could be voided by something prior to the sales event. IANAL
 

ls973800

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I think maybe ls973800 wondered how an attorney in Canada would be able to know US consumer law.
The attorney in question is actually in Michigan and specializes in automotive consumer law and lemon law cases. He had posted some interesting stories that I had seen in the past and I thought this one was interesting as well.
 
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This case has been described on Ontario news stations, the engine died of sludge, from not using the correct type of oil AND not changing at proper intervals. The owner got the 2019 QX60 engine replaced at an independent mechanic for under $10K CAD. I think the owner learned his lesson on the importance of quality maintenance. Well he should have at least.

I was on this story because I own a 2019 QX60 that I got when it was 1.4 years old in July 2020. The Dodge dealer I got it from changed the oil & filter, I had CARFAX evidence of quick lube LOF done but I changed the oil & filter 2x in the next 6 months. The VQ35DD is DI and is fussy about the oil quality and cleanliness. My natural tendency for OCD hyper-maintenance works well for this engine and transmission.
 

CKN

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When I was trying to sell my last truck no one even looked at the folder I had of all work done. Zero interest at all. I ended up trading it in because the dealership agreed to up trade in to match the highest offer I’d received.
There is no "Blue Book" or "Black Book" category that states "with a record of all maintenance". While it's great for your personal use-this situation about meticulous maintenance records at trade in time has been posted on here many times about being worth about "$ ZERO"
 
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There is no "Blue Book" or "Black Book" category that states "with a record of all maintenance". While it's great for your personal use-this situation about meticulous maintenance records at trade in time has been posted on here many times about being worth about "$ ZERO"
Well it’s not like I expected anyone to be like “well gee mister let me give you an extra $500 for it then”. Just surprised me that with that particular truck no one seemed to care about any work, maintenance or otherwise that had been done to it.

So, I’d say in most circumstances the previous owner just throws out maintenance records upon resale or trade in IF they kept them in the first place. Which is exactly what I do now.

Last truck I sold was one that I only owned a few months but had done all the work on as a tech, the buyer asked what I’d done to it over the years, so I told him. Kind of a believe me or not situation. I had nothing to back it up but the condition of the vehicle. That one really didn’t matter to me as I didn’t WANT to sell that truck but I had too many vehicles and it was the first one I listed to get my full asking price.
 
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I found this interesting even though it is from Canada. This attorney says it can happen in the USA for the same reasons.

Owner purchased a used 2019 Infinity from a dealer which came with the factory remaining warranty. 6 months and 20000 km later the engine developed a knock and needed replacing. Infinity Dealer denies warranty because the new owner could not provide any paperwork or previous owner maintenance paperwork.

I am not sure if the car was purchased from an Infinity dealership or as a CPO, or what oil changes took place when the car was at the used car lot or by the new owner. It had 42000 km when purchased used.

Used car engine warranty denied

SO if true (Im not a fan of you tube conspiracies) the dealer almost 100% confirmed that the engine issue was caused by an oil related failure, most likely sludge up oil which is easy to detect. Honestly didnt watch the video though. If it can be related to an oil issue it would certainly seem reasonable to provide proof.

I wouldn't infer that as I have zero knowledge of Canadian Law or precedent on the subject.

Certainly in the USA if an owner had a sludged up engine with no logs or receipts it would not be that rare that a warranty would be denied.

If it was a CPO in the USA it becomes more complicated. It is inferred that the original vehicle warranty is still in effect (if applicable) and then the CPO Warranty. The purchasers obligation is then to maintain the vehicle going forward. If the owner can provide receipts and logs and the manufacturer says it happened before you bought he is essentially saying "The warranty was voided before you bought it but it was fraudulently sold to you as still having the warranty and through our CPO program we were participates in the crime".

The above should not be construed as legal advice.
 

SammyChevelleTypeS3

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My guess is it was sold as is then, if it were a CPO, the only thing that should matter is maintenance records from the current owner, if you bought an as is car with no maintenance history, you're SoL
exactly why I would only buy a used car that is CPO sold by a Dealership who states it is certified before the sale. don't trust or believe much out of youtube videos anyway.
 
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The way I see it is the buyer bought the car in good faith and the car had the remaining warranty as told by the dealer. No where does the dealer ever say since we cannot supply you with a maintenance history you're on your own if there is an engine failure.
 

ZeeOSix

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This case has been described on Ontario news stations, the engine died of sludge, from not using the correct type of oil AND not changing at proper intervals. The owner got the 2019 QX60 engine replaced at an independent mechanic for under $10K CAD. I think the owner learned his lesson on the importance of quality maintenance. Well he should have at least.
From post #1:
"Owner purchased a used 2019 Infinity from a dealer which came with the factory remaining warranty. 6 months and 20000 km later the engine developed a knock and needed replacing. Infinity Dealer denies warranty because the new owner could not provide any paperwork or previous owner maintenance paperwork."

Seems it was the previous owner's lack of maintenance ... not the guy who bought the used car. He only had it 6 months.

This is why any used vehicle should be looked over by a pro unless the buyer is very knowledgeable for what to look for on a used car purchase. I've helped some friends look at used cars, and the first thing I do is look into the valve train through the oil filler hole with a strong flashlight to see how dirty the engine is. I have a feeling this one would have shown signs of lack of oil changes by doing that simple inspection.
 
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