Hot Rods & Headaches: New Vehicle Warranties
Aug 26 '00
So, you want more power and better handling in your new car, or a lift kit on your new pickup truck? But you're scared because you've heard nightmares about modifications voiding your warranty. This is not true. The dealerships, however, do all they can to promote this belief. It's all about cash. The dealerships do not receive the same amount of money for warranty work; they'd much rather soak you for the cost of the repairs than go through the warranty system. Some dealerships will take this to extremes.
You Need a Shot
This morning a dealer tried to charge a customer of mine for work on his pickups electrical system because the truck in question had a three inch lift kit and a cat back modified exhaust system (muffler and tailpipe). The owner of the pickup stormed into my shop this morning screaming that he was going to sue me. After pouring him a cup of coffee with a shot of Grand Marnier and calming him down, I assured him I would straighten this out. Now, I could have fixed this over the phone, but I would have missed the opportunity to watch the dealership service manager squirm (plus, there's a great pizza joint next to the dealership). Armed with a copy of the Magnuson-Moss Warranty-FTC Improvement Act, the owners manual, a notebook and pen, we went for a ride.
The Armory
The Magnuson-Moss Warranty-Federal Trade Commission Improvement Act of 1975 lays out your automotive modification rights under federal law. The M & M act says that the manufacturer must state clearly what you can and cannot do to your vehicle and remain under warranty. It also states that it must be clearly listed under a heading entitled What Is Not Covered, or words to that effect. M & M states that the dealership must explain how the modification caused the problem. If they cannot explain, or their explanation does not make sense, you've got them. They have got to comply and honor your warranty.
You will want the The owners manual or warranty booklet handy so the service manager can point out to you exactly how you violated your warranty.
A pen and notebook; you need this to take names and job titles of the people with whom you're dealing. Look like you're taking notes. As for actually taking notes, you can figure that one out. You can draw little airplanes if you want. Notebooks and words like 'inclusive', 'comply' and Federal Trade Commission scare the hell out of them. It gives you an edge; consider it a force multiplier.
The Meeting Engagement
Walking up to the Service Bench, we ask nicely for the service manager. After having him correctly spell out his last name, I ask him to point out in the warranty booklet where the modifications to the vehicle were not covered, and how the modifications to the suspension and exhaust systems affected the electrical system (loss of brake lights, turn signals and the distinct smell of burnt wires in the cab). At this point I mentioned the M & M act. If he has had any kind of manufacturers training, he has heard that name before. I gave him a minute to think about it, and as he stated to say something, I stopped him and said, "Whatever you say is going to come up later". He started mumbling something about the rear wiring harness, and I told him to put it on the lift and show me. At this point he caved in and said they would check it out further. I tossed him the keys, left my business card, and he said he'd call me as soon as he knew the problem.
About 4 o'clock in the afternoon the dealership service manager called to say that they would cover all repairs because Mr. So'n'So, my customer, was a valued customer. Mr. So'n'So got a big kick out of this because not only did he not buy his truck there, he had never had his truck worked on at that dealership before.
Not Everything Is Covered
Use your head here. If you blow up your engine by burning off a whole bottle of Nitrous Oxide in one long shot and burning a hole in the top of #7 piston, they're not gonna cover it. If you tweak the frame driving way too fast down a trail with a four inch lift kit and double shock setup, they're gonna give you a hard time. The dealership has their own rights, also.
The Next Step
I've never had to take this to the next level. The 'next level' would be the dealerships general manager and the manufacturers area representative. Should this not work for you, here is a number to call if it turns into a real slugfest:
(202)326-3128
This is the number for direct complaints to the Federal Trade Commission. In addition, if you have a computer (you're reading this; I have to assume you DO have a computer) surf around and find your rights at the state and local level. This makes for truly boring surfing (there are no graphics of girls in bikinis at the Montana State Online Law Library), but the information is out there.
Most dealerships are pretty good; they will cover this sort of problem right away. There are, however, some real winners out there who will try to take you for everything they can. Before you get confrontational, I recommend you find a different dealership. Sometimes though, a particular dealership is the only game in town. Know your rights and make them play by the rules.
The things I do for a couple of slices of free pizza and a pitcher of tap beer.
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