A DRIVER was hoping his new car warranty would cover the cost of repairs after his vehicle wouldn’t start, but a court ruled in favor of the dealership.
The driver brought home a new Kia under warranty, but the car’s maintenance decision prevented him from receiving the free repair.
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A Canadian Civil Resolution Tribunal has ruled that a group of British Columbia dealerships is not responsible for repairing the car, according to Automotive News.
In June 2023, Michael Graber took his vehicle to Kelowna Kia for some brake and wiring work.
When the car was in the shop, a technician also suggested that Graber buy a new ignition key.
However, the driver chose not to carry out the additional repair.
On the way home to Quesnel, nearly 350 miles away, Graber noticed a screeching noise.
Within a month, the vehicle would not start.
A car with a faulty starter may have difficulty starting or not start at all, leaving the engine unresponsive when the ignition is turned on.
When he called Kelowna Kia, they offered to fix the car’s starter but demanded Graber pay the cost of the tow to the dealership.
Graber declined the offer and took the car to a local NAPA shop to fix the ignition problem.
The shop replaced the starter motor and ignition switch.
Kelowna Kia later offered to replace the faulty starter under warranty if Graber returned the part to the dealership in person.
But according to the lawsuit, Graber refused to take the part to the dealership 350 miles away.
Tribunal member Mark Henderson rejected Graber’s claim.
In the final ruling, Henderson stated that returning the starter to Kelowna Kia for warranty service was “an implied term of the warranty.”
He concluded that it was not too inconvenient for Graber to wait for an appointment at a nearby dealership.
Tips for dealerships
Here are some expert tips when buying a car from a dealership:
- 1. Set your price: Make sure you have calculated your monthly budget before going to the lot. You must include your car loan payment, insurance costs, fuel and regular maintenance.
- 2. Research: Make sure you know which cars you’re interested in testing before you get to the dealership.
- 3. Pre-approval: Secure financing before going to the dealership. Dealerships may offer a better interest rate if they are competing with an outside bank.
- 4. Test: Drive before making any payments. Buying a car will be worth thousands of dollars – drivers should ensure they like the car’s drivetrain, steering and comfort before driving it off the lot
- 5. Haggle: Drivers should always try to negotiate the price. There are so many good cars on the American market – buyers have a strong hand in negotiating prices.
Source: Kelley Blue Book
The decision also noted that allowing customers to make dealerships pay for repairs performed at other repair shops could challenge the company’s business model.
“ONE [dealership’s] The workshop cannot replace an automotive part if the customer takes the vehicle elsewhere,” the decision added.
“If the customer takes the vehicle to a third-party store and requests a refund from the original store, the original store will lose the opportunity to find the source of the problem or seek compensation from the manufacturer.”
The US Sun contacted Kelowna Kia for comment on this story.
The dealership did not immediately respond to a request for comment.
This story originally appeared on The-sun.com read the full story
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