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Lemon!


f4tc0w
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So I recently bought my fusion and down the road there were all these rattling noises from the engine. I took it to the closest Ford dealer and they told me whoever did the transmission work reinstalled it wrong and wouldn't be covered in warranty. I was caught off guard because the car was new. After talking to the place I bought the car from, they explained to me how a customer took it home ona 24hr test drive and burned up the clutch and said they would pay the other dealer to fix it. I told them I bought a new car I don't want this used one I want to exchange it for a new car. The sales manager laughed at me and said that's not going to happen. Apparently when a customer damages the transmission, they aren't required to tell you but, if it gets a little scratch and gets paint work they do. Well a week and a half go by and I get my car back only to have it go berserk and lose power steering the next day. So I had it towed back and it was conveniently just a battery. They wouldn't give me any paperwork on the work they did either. So when I got the car back again I noticed a new rattling noise and the clutch just didn't feel right. So now the car is on it's third clutch. The mechanic broke the intake resonator so it's loud as hell and Ford won't lemon it cause it's "fixed" now. Well I don't feel comfortable knowing the transmission, the subframe and all the other crap required to come out to do a clutch as been out three times! That opens the door to so many issues down the road.

I'm going to hire a lawyer and if he can't sue them for fraud or get my money back I don't know what to do. I was thinking of causing an issue where I could maybe get it lemon lawed for sure. Any suggestions?

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So I recently bought my fusion and down the road there were all these rattling noises from the engine. I took it to the closest Ford dealer and they told me whoever did the transmission work reinstalled it wrong and wouldn't be covered in warranty. I was caught off guard because the car was new. After talking to the place I bought the car from, they explained to me how a customer took it home ona 24hr test drive and burned up the clutch and said they would pay the other dealer to fix it. I told them I bought a new car I don't want this used one I want to exchange it for a new car. The sales manager laughed at me and said that's not going to happen. Apparently when a customer damages the transmission, they aren't required to tell you but, if it gets a little scratch and gets paint work they do. Well a week and a half go by and I get my car back only to have it go berserk and lose power steering the next day. So I had it towed back and it was conveniently just a battery. They wouldn't give me any paperwork on the work they did either. So when I got the car back again I noticed a new rattling noise and the clutch just didn't feel right. So now the car is on it's third clutch. The mechanic broke the intake resonator so it's loud as hell and Ford won't lemon it cause it's "fixed" now. Well I don't feel comfortable knowing the transmission, the subframe and all the other crap required to come out to do a clutch as been out three times! That opens the door to so many issues down the road.

I'm going to hire a lawyer and if he can't sue them for fraud or get my money back I don't know what to do. I was thinking of causing an issue where I could maybe get it lemon lawed for sure. Any suggestions?

 

Wow, sorry to hear about your problems. Others will probably have some better advice. You could follow the steps in your owners manual and contact Ford customer service but in this case, I think I would consult an attorney first. Different states have different laws but this sounds pretty bad. You might want to park it until you get a resolution.

 

I think trying to create an issue would be a bad idea, if they were able to prove sabotage you might be stuck.

 

Have any news channels with a "consumer reporter" in your area. They might want to do an exclusive on your fraud case...

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Make sure you have a decent attorney that knows how to go after your selling dealer. No lemon law attorney will touch your case because your car is not a lemon. Ford Motor Company had nothing do to with the damage and misservicing of your vehicle. Best of luck with everything. Please keep us posted in the next few months and years as to how this all plays out. I would hate for this thread to be a flash in the pan and we never hear about this again...

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The attorney said I need some proof that the work was done prior to them selling me the car and the cost had to be greater than $650. I have a friend in a ford dealership who pulled the history, but they did it internally so no record with ford. The lawyer also said he could do something to try and force them to give up the records, but that could get expensive. If I lost the case I'd have to pay him and the dealer could come after me for their attorney's fees too, which could end up costing more than the car. I'm going to talk to other attorneys and the news station. Thanks for that idea BTW.

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Don't cause a situation. If they find out it's sabotage they could easily void your warranty, at least on the part you're sabotaging. That's called fraud and it's illegal.

 

24 hour test drives are common. Most states will tell you that if the vehicle has never been titled, it is still a "new" car. Therefore, you bought a "new" car. The nondisclosure of the repair is the only thing you'd have to stand on legally.

 

Good luck.

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The attorney said I need some proof that the work was done prior to them selling me the car and the cost had to be greater than $650. I have a friend in a ford dealership who pulled the history, but they did it internally so no record with ford. The lawyer also said he could do something to try and force them to give up the records, but that could get expensive. If I lost the case I'd have to pay him and the dealer could come after me for their attorney's fees too, which could end up costing more than the car. I'm going to talk to other attorneys and the news station. Thanks for that idea BTW.

 

As far as the work being done, it seems like they could subpeona the 2nd dealer's shop or get a statement from them indicating the clutch was installed wrong (obviously not factory) but maybe the cost or risk involved may not be worth it.

 

I saw this on another forum, the person mentioned here seems to be a verified customer service rep for Ford. I'm not sure if he could be of any help. You might register and maybe send him a PM: Escape City Profile looks like FordCustomerService.

 

Hope you get things worked out...one way or another

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I really hope this gets worked out, but from being on both sides, Ford Motor Company will probably not be of much help. You're going to have to get this resolved with the dealer(s). All parts warrantied are sent back to Ford and verified. The second dealer caught that the concerns are due to another shops mistakes and not Ford. Believe me, I do feel for you. As an F shareholder, I'm disgusted by alot things we do at the dealer level that are ultimately going to impact the end user's perception of the Ford and Lincoln brands. :censored:

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It was another Ford dealer that did that work? Would they not warranty the work, or would that warranty only be valid for the guy who didn't own the car anyways? What a mess...

Correct, it was his selling dealer that had to replace the clutch it sounds. However, based on the OP, a concern arose and the vehicle was taken to another dealer where they found that the concern wasn't a warrantable defect but the fault of a mis-repair by the selling dealer. Another concern came up and a battery was replaced, not sure if this under warranty or if the dealer paid for it. The poster states he wasn't given paperwork, so this sounds like it may have been an internal repair, either a dead battery due to lot rot or something else and this was not warranteed by Ford Motor Co. If so, it sounds like he does not have a lemon law case.

Edited by Dyoct
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  • 5 months later...

Correct, it was his selling dealer that had to replace the clutch it sounds. However, based on the OP, a concern arose and the vehicle was taken to another dealer where they found that the concern wasn't a warrantable defect but the fault of a mis-repair by the selling dealer. Another concern came up and a battery was replaced, not sure if this under warranty or if the dealer paid for it. The poster states he wasn't given paperwork, so this sounds like it may have been an internal repair, either a dead battery due to lot rot or something else and this was not warranteed by Ford Motor Co. If so, it sounds like he does not have a lemon law case.

 

They said it was because the selling dealer installed the clutch wrong. When I told them Veterans Ford must have done the work before I bought it, it was suddenly a failed pilot bearing!

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Update: Now at 23k mi the car is grinding in third and fourth gear. This time I said screw Veterans Ford and took it to a Lincoln dealership. They gave me a nice convertible mustang rental :) They pulled the transmission for the 4th time now and I talked to the mechanic. Veterans Ford stripped out one of my CV axle nuts. They had my CV boots on(sorta) with plastic zip ties. They also put a bolt in the wrong hole that was obviously too long because it poked through the transmission case sending a chunk of aluminum inside the transmission! Why do I still have this car?

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clearly the selling dealer has no clue what they are doing, that is pure hack repair at its finest. if any of my technicians did half of what you just mentioned i would write them up!! i am still wondering what the lawyer did for you though because they clearly sold you the vehicle without disclosure. did you contact the BBB?

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