Ok long story short,my brake lights came on while driving and I lost my brakes(90 cherokee)I have had this happen before so I knew just what it was.My local dealer just shut thier doors(they did the accumulator and the brake booster a few years ago)so I take it to the nearest stealership, tell the guy i know whats wrong. A tech runs his test and they call me and tell me the acummulater is shot which is only covered up to 100k and that i have to pay for that ,the ABS pump motor is also toast but that is coverd for life( just like last time)so i say do the repairs and call me when its done.They fix everything, I pay up and a week later I get a call from the service writer telling me I owe them $800 bucks for the ABS pump motor because its not coverd for life!He says he made a mistake and I owe them.So help me out, am I right in thinking that the ABS pump motor is coverd for life?I have searched all over this site and have also checked the NHTSA site and I do seem to be in the right here.Any help would be great ,thanks.
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Help!I think the stealership is trying to screw me.
- Thread starter Gray XJ
- Start date
I would imagine that once they agreed with you that the part was covered and did the work you would be in the clear no matter what the true warranty status of the part is.
Did you get anything in writing at the time of service that stated that there was no charge for the part? If so, a contract was offered and excepted in good faith. My contract law is a little rusty but that should be enough.
IANAL so your best bet would be to call one. Don't agree to pay the dealership anything until you talk to a lawyer.
Did you get anything in writing at the time of service that stated that there was no charge for the part? If so, a contract was offered and excepted in good faith. My contract law is a little rusty but that should be enough.
IANAL so your best bet would be to call one. Don't agree to pay the dealership anything until you talk to a lawyer.
TheAlmightySam
NAXJA Forum User
- Location
- Portland, OR
Don't agree to pay for anything. This is their mistake, and not your problem. Guess it will show that service advisor to check his facts beforehand, huh?
As a former service writer myself, any reputable shop would just eat the cost and live and learn. $800 in the grand scheme of things to a shop, especially a dealership, is not the end of the world.
As a former service writer myself, any reputable shop would just eat the cost and live and learn. $800 in the grand scheme of things to a shop, especially a dealership, is not the end of the world.
Blkxjkrawler
NAXJA Forum User
- Location
- Lynden WA
Gray XJ said:
It doesnt matter if the pump is covered for life or not. At the time of your repair you should have been given an estimate for repairs. Was the the pump on it? You were told it was covered. He cant call you a week later and say sorry, I screwed up, you owe us 800 dollars. If you signed for you keys and invoice, payed your portion of the bill and left, your done. I agree with Sam, Dont pay for anything they'll tack it on his policy and at the end of the month he'll hardly know its there
88xjlover
NAXJA Forum User
- Location
- Marysville, WA
If you picked up the rig and paid the deal is done!
Tell them you didn't agree or sign for any other charges and wouldn't have paid for them in the 1st place, just gotten rid of it and too bad for them.
You have no obligation to pay this after the fact.
O.K. I'm not a lawyer or anything but this is there fault, you didn't walk out of the place thinking, "They didn't charge me enough and I got away with it" You were asked for a price on a service and parts and you paid.
This is why people hate dealerships, not all are like this, but the ones that are sure give the good ones bad reps.
Tell them you didn't agree or sign for any other charges and wouldn't have paid for them in the 1st place, just gotten rid of it and too bad for them.
You have no obligation to pay this after the fact.
O.K. I'm not a lawyer or anything but this is there fault, you didn't walk out of the place thinking, "They didn't charge me enough and I got away with it" You were asked for a price on a service and parts and you paid.
This is why people hate dealerships, not all are like this, but the ones that are sure give the good ones bad reps.
TheAlmightySam
NAXJA Forum User
- Location
- Portland, OR
Oh, another thing I forgot to mention above: At least here in Washington and Oregon, the final price of the automotive repair has to be within 10% of the quoted price unless you gave approval for further costs. You didn't give approval for $800 in further costs, and I highly doubt $800 is less than 10% of the total repair cost, so you should have no responsibility for the extra.
The deal is sealed.
The deal is sealed.
5-90
NAXJA Forum User
- Location
- Hammerspace
Start by checking your paperwork, then check with the California Board of Consumer Affairs and Bureau of Automotive Repair. Both would be cheaper than calling a lawyer - and you may find you don't have to.
A lawyer can easily cost you $800 here, so start with the State and don't pay anything you don't have to...
A lawyer can easily cost you $800 here, so start with the State and don't pay anything you don't have to...
Blaine B.
NAXJA Forum User
- Location
- Northwest Indiana
I don't think the pump is covered for life.
However if you agreed to do a repair for a certain price and then they come back later changing it due to their mistake, that's their problem.
However if you agreed to do a repair for a certain price and then they come back later changing it due to their mistake, that's their problem.
XJ&CHZ4ME
NAXJA Forum User
- Location
- Unionville, MO
I'd take a picture of your ass, and mail it to them with a big caption on it "Kiss This". No, not really, but in all honesty, what's done is done and they can not cahrge you more after the fact....kind of like "Expostfacto", but different......
Generally, you can pay for something with a check to facilitate return of your property, and leave the door open for further legal action by writing 'paid under protest' on the top area of the check. This indicates that you did NOT accept the circumstances by making payment, but that you paid only to effect the recovery of your property and was not satisfied. You should, of course, obtain State-specific guidance, which is lilkely available from your Attorney General's office or some more-local extension thereof... Small Claims Court is your likely destination.
Have everything documented as much as possible, organized and presentable. Try to get something from the dealership, in writing, confirming that they had, indeed, 'thought' and thus represented that the pump was lifetime-warranted and, if you cannot, get a [credible] friend or individual to accompany you there and witness a statement confirming same... Your State Laws will have a consumer laws section, and you should look up all that is pertinent at your local library where they should have a set of the 'books' with updates. Your state AG office will likely have online info. re small-claims court use, applicability and procedures. 'menos' is correct that, in the most general principle-of-law, 'offer and acceptance', even if only verbal does, indeed, constitute a 'contract'.
**Not 'legal advice' here, just my proverbial $.02....errrrr...$.04 { to allow for the continued deterioration in the 'value' of the ever-descending fiat currency...
}
Have everything documented as much as possible, organized and presentable. Try to get something from the dealership, in writing, confirming that they had, indeed, 'thought' and thus represented that the pump was lifetime-warranted and, if you cannot, get a [credible] friend or individual to accompany you there and witness a statement confirming same... Your State Laws will have a consumer laws section, and you should look up all that is pertinent at your local library where they should have a set of the 'books' with updates. Your state AG office will likely have online info. re small-claims court use, applicability and procedures. 'menos' is correct that, in the most general principle-of-law, 'offer and acceptance', even if only verbal does, indeed, constitute a 'contract'.
**Not 'legal advice' here, just my proverbial $.02....errrrr...$.04 { to allow for the continued deterioration in the 'value' of the ever-descending fiat currency...
}
jforse
NAXJA Forum User
- Location
- Duluth, Minnesota
If you have paid and picked up the keys the deal is done! I used to work in a dealership service department(2 weeks). They cant do a thing about it. You are protected by the law. That service guy is just trying to fix his f-up!
5-90
NAXJA Forum User
- Location
- Hammerspace
XpedientJ said:Generally, you can pay for something with a check to facilitate return of your property, and leave the door open for further legal action by writing 'paid under protest' on the top area of the check. This indicates that you did NOT accept the circumstances by making payment, but that you paid only to effect the recovery of your property and was not satisfied. You should, of course, obtain State-specific guidance, which is lilkely available from your Attorney General's office or some more-local extension thereof... Small Claims Court is your likely destination.
Have everything documented as much as possible, organized and presentable. Try to get something from the dealership, in writing, confirming that they had, indeed, 'thought' and thus represented that the pump was lifetime-warranted and, if you cannot, get a [credible] friend or individual to accompany you there and witness a statement confirming same... Your State Laws will have a consumer laws section, and you should look up all that is pertinent at your local library where they should have a set of the 'books' with updates. Your state AG office will likely have online info. re small-claims court use, applicability and procedures. 'menos' is correct that, in the most general principle-of-law, 'offer and acceptance', even if only verbal does, indeed, constitute a 'contract'.
**Not 'legal advice' here, just my proverbial $.02....errrrr...$.04 { to allow for the continued deterioration in the 'value' of the ever-descending fiat currency...
"State-specific" is why I gave him a couple of State departments to contact - since he appears to be here in CA...
5-90
NAXJA Forum User
- Location
- Hammerspace
Gray XJ said:
Well, Hell - glad to hear it! I take it you didn't manage to get that screw out, either?
Fortunately for us, the AMC242 is a relatively low-compression engine, which is why you've been getting away with that for so long...:gag: I'm still mildly surprised I couldn't get that screw burned out tho - that's usually worked (I've probably had to do that a half-dozen times, but never on a cylinder head screw. Probably why...)
xjbubba
NAXJA Member # 1524
- Location
- santa barbara, ca
I'd like to way in, just a little.
If the facts are as GRAY XJ stated, he has no legal obligation to pay the difference; however, if in fact the motor was history, he did get a new one installed. If he'd done his own repair work, he would have had to replace the motor, or remove the ABS system.
So, ask yourself, are you being entirely fair to state you have no obligation to pay at least what you would have paid to some one else for a serviceable part?
Granted, dealership costs are heavily inflated, so what would you have paid for an after market motor? Or a junk-yard replacement?
I'd start by following 5-90's suggestion to contact specific agencies to see if the motor is indeed warrantied for life (your? the Jeeps?, ??), and to get a "feel" for what your legal obligations are, under these circumstances.
Insure your paper work supports your contention that there was to be no charge for the motor.
After that, I would determine what I would had to pay for the motor if I were installing it myself, and, if the dealerships attitude is conciliatory, consider negotiating a "fair" amount pay them.
Remember, "what goes arround, comes arround".
If the facts are as GRAY XJ stated, he has no legal obligation to pay the difference; however, if in fact the motor was history, he did get a new one installed. If he'd done his own repair work, he would have had to replace the motor, or remove the ABS system.
So, ask yourself, are you being entirely fair to state you have no obligation to pay at least what you would have paid to some one else for a serviceable part?
Granted, dealership costs are heavily inflated, so what would you have paid for an after market motor? Or a junk-yard replacement?
I'd start by following 5-90's suggestion to contact specific agencies to see if the motor is indeed warrantied for life (your? the Jeeps?, ??), and to get a "feel" for what your legal obligations are, under these circumstances.
Insure your paper work supports your contention that there was to be no charge for the motor.
After that, I would determine what I would had to pay for the motor if I were installing it myself, and, if the dealerships attitude is conciliatory, consider negotiating a "fair" amount pay them.
Remember, "what goes arround, comes arround".
JXPEEJ
NAXJA Forum User
- Location
- Apple Valley Ca.
I have the recall in front of me and on the dealer service instructions, there
reads this.........
". Vehicles involved in this recall also have a 10 year or 100,000 mile warranty on Bendix-9 components (the actuator and pump/motor have lifetime coverage) If any of these conditions covered by the ABS warrenty
are found, now or in the future, dealers are to correct these conditions free of charge."
You have nothing to worry about, the dealer needs to grow a ball bag and stand up to chrysler to get paid. Some times they don't like to do that.
They like to take the path of least resistance. In this case the dealer will try to minimize their loss by getting you to pay, and by not paying the tech that did the work. I don't like to see techs and customers getting screwed
by lazy dealer service managers.
reads this.........
". Vehicles involved in this recall also have a 10 year or 100,000 mile warranty on Bendix-9 components (the actuator and pump/motor have lifetime coverage) If any of these conditions covered by the ABS warrenty
are found, now or in the future, dealers are to correct these conditions free of charge."
You have nothing to worry about, the dealer needs to grow a ball bag and stand up to chrysler to get paid. Some times they don't like to do that.
They like to take the path of least resistance. In this case the dealer will try to minimize their loss by getting you to pay, and by not paying the tech that did the work. I don't like to see techs and customers getting screwed
by lazy dealer service managers.
Blaine B.
NAXJA Forum User
- Location
- Northwest Indiana
Ay, so he was right about lifetime coverage. I must have been thinking of the other thing.
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